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HomeMy WebLinkAbout10/06/1998, C2 - REQUEST FOR PROPOSAL - MOBILE VIDEO SYSTEM council j aGenaa xeroxt 42- CITY OF SAN LUIS 691SF6 FROM: James M. Gardiner, Chief of Police'��p Prepared By: Captain Cliff Chelquist(/C/ SUBJECT: REQUEST FOR PROPOSAL-MOBILE VIDEO SYSTEM CAO RECOMMENDATION Authorize invitation for request for proposals process and authorize contract award by the City Administrative Officer if the lowest responsible bid is within the cost estimate. DISCUSSION In February 1998 Council approved the use of Federal Public Safety Grant funds for the purchase of a mobile video camera system to equip the police patrol vehicles. The acquisition of this technology will add to our abilities to prosecute such crimes as Driving Under the Influence and other traffic offenses. Having both audio and visual records of pursuits, high profile contacts, and even such normal activity as large parties and gatherings should significantly reduce city exposure to false claims by suspects. Twelve vendors have been located who may be able to supply equipment that will meet our needs. We request authorization to move forward with the request for proposal and award process. FISCAL EWPACT Remaining Grant Funds in 8020400471: $92,400 Estimated cost of Mobile Video stem: $89,000 ALTERNATIVES Defer acquisition of system. This alternative is not recommended due to the necessary safety issues for the officer and the public alike. ATTACHMENTS Request for Proposals for Police Mobile Video System Specification No. 9223 TABLE OF CONTENTS A. Description of Work System Description 1 Control Center 1 Camera and Zoom Lens 2 Wireless Microphone 2 VHS Recorder 3 Recorder Vault 3 Monitor 3 B. General Terms and Conditions Proposal Requirements 5 Contract Award and Execution 6 Contract Performance 6 C. Special Terms and Conditions Vendor Requirements 10 Delivery Instructions 10 Performance Standards 10 Proposal Content 11 Proposal Evaluation and Selection 12 Proposal Review and Award Schedule 12 Ownership of Products 12 Accuracy of Specifications 13 D. Agreement 15 E. Insurance Requirements 17 F. Forms Proposal Submittal Form 18 References 19 Statement of Past Contract Disqualifications 20 ��uii������il II f IIIIII�1Q �ll 11 l city or san tins OBISpo 990 Palm Street ■ San Luis Obispo,CA 93401 Notice Requesting Proposals for Police Mobile Video System The City of San Luis Obispo is requesting sealed proposals for the purchase of a Police Mobile Video System for the Police Department pursuant to Specification No. 9223. All proposals must be received by the Department of Finance by 3:00 PM on November 3, 1998, when they will be opened publicly in the City Hall Council Chambers, 990 Palm Street, San Luis Obispo, CA 93401. Proposals received after said time will not be considered. To guard against premature opening, each proposal shall be submitted to the Department of Finance in a sealed envelope plainly marked with the proposal title, specification number, proposer name, and time and date of the proposal opening. Proposals shall be submitted using the forms provided in the specification package. Specification packages and additional information may be obtained by contacting Captain Cliff Chelquist at(805) 781-7257. Section A DESCRIPTION OF WORK The City is requesting proposals for the purchase of a Police Mobile Video System for the Police Department. The system will be placed in eleven marked police units used by sworn officers.The selected vendor will supply all the necessary hardware and components necessary to(ally equip all eleven vehicles for full video operation. The individual systems shall include but not be limited to the following: 1. System Description. The Police Mobile Video System shall consist of a miniature color camera and zoom lens,trunk mounted vault type locker with recorder,control center,compact monitor,and wireless microphone to provide audio and video recording of traffic stops,pursuits,DUI tests,and other police related arrests and detentions. a) The miniature camera shall be a programmable auto zoom type and be capable of operating in extreme weather conditions. The camera shall not obstruct the driver's field of view. b) The wireless transmitter shall allow audio recording of activities both inside and outside the vehicle. The units supplied will be capable of utilizing all eight FCC approved frequencies.Each transmitter will be capable of operating on the main frequency and one alternate frequency. c) All cables and hardware necessary for installation shall be supplied. d) Each vehicle video system shall be capable of interfacing with existing department traffic radar units. Target and patrol speeds shall be displayed on the monitor and recorded on the video tape with time and date stamp simultaneously with the traffic being recorded by the unit. 2. Control Center a) The control center shall be mounted in such a position so as not to interfere with the safe deployment of the vehicle airbags and within easy reach of the driver's seat so the operator has easy access to all controls.The control panel shall be compact to allow mounting in a position that will not interfere with the driver's field of vision. b) Color camera shall have the capability to adjust focus for near and far,both manually and automatically. The zoom shall be capable of telephoto and wide angle viewing with manual and automatic controls. c) All controls and displays shall be positioned on the control panel for convenient viewing and access. d) The LED shall indicate status of the recorder and microphone including time remaining,no tape,end of tape, record on,microphone reception,and low voltage conditions with audible alert. e) The system shall have the ability to be activated remotely using the wireless microphone. f) All function buttons on the control panel shall be back lit. g) The control panel shall include a minimum of: i) Power On/Off ii) Record Indicator(LED) iii) Display iv) Record Time Select v) Rewind,Play,Fast Forward-Tape Identification Setting vi) Manual Focus In/Out-Stop-Microphone Playback Select vii) Auto Focus On/Off-Zoom Wide/Zoom Telephonic h) Brightness control-The operator shall have the ability to control the level of illumination of the buttons on the control panel. i) The control panel shall be constructed of a highly durable, damage resistant material. 3. Camera and Zoom Lens a) The miniature color compact camera shall have auto iris,manual/auto focus,manual/auto zoom with a high resolution for a sharp picture. b) A low light capability of a minimum(1.0 lux) c) The camera shall be mounted with a heavy-duty mount which enables the camera to rotate 360°for rear seat recording d) An outside view record light e) Back light compensation for dawn/dusk recording 4. Wireless Microphone a) The wireless microphone system shall be compact,lightweight,clip-on microphone with a windscreen to prevent distortion. b) The microphone shall have an easily detachable mic cord. C) It shall have a heavy-duty leather pouch for each transmitter. d) All eight FCC approved frequencies in the 169-172 MHZ band shall be available for use. e) The receiver shall be mounted in the recorder enclosure for convenient access to the antenna f) The typical operating range(transmitter to receiver)shall be a minimum of 500-1,000 ft., with 1,000 ft.being preferable. -2- g) A covert in-vehicle microphone with separate control switch shall be included to record conversations inside the patrol vehicle. h) When the in-car microphone is switched on,the back lighting on the control panel and the monitor shall automatically be turned off. i) Tone coded squelch shall be included with the wireless microphone system to prevent false activation of the system's remote record activation feature. j) Transmitter shall be capable of operating a minimum of 8-12 hours on one 9 voh alkaline battery. 5. VHS Recorder a) Industrial grade. b) Operates both horizontally or vertically in a moving environment. c) Recorder shall be mounted securely in the vault. d) Shall have search to blank or record over protection. e) Recorder shall utilize four recording heads. f) Recorder shall activate into full record in no more than.07 seconds. g) Dual audio tracks with selectable in-vehicle audio playback at the control center. 6. Recorder Vault a) Shall be mounted in a minimum 16 gauge steel vault,welded and reinforced for strength. Vault shall have a key lock to control access. b) It shall have fans to cool and circulate heat with a design to prevent dust and humidity from damaging the recorder. c) The recorder vault shall have built-in heating coils. 7. Monitor a) A high quality color LCD 2.9"minimum diagonally measured monitor. b) Monitor shall be mounted on the control panel with a swivel and pivot mount to allow easy viewing by the driver or passenger. c) Monitor shall provide controls for power,volume,and brightness. d) Audio from remote microphone shall be able to be heard on the monitor/control panel speaker. -3- G -2+6 e) The monitor shall be capable of displaying: i) Time and Date ii) Identifier Inforination iii) Emergency Lights Indicator iv) Brake Lights Indicator v) Siren Indicator vi) Microphone Reception Indicator vii) End of Recorded Tape Search Indicator viii) Target and Patrol Speeds from Radar Unit ac) Audio Control x) Tape Review xi) Tape Count -4- G w2.7 Section B GENERAL TERMS AND CONDITIONS PROPOSAL REQUIREMENTS 1. Requirement to Meet All Provisions. Each individual or firm submitting a proposal (proposer) shall meet all of the terms, and conditions of the Request for Proposals (RFP) specifications package. By virtue of its proposal submittal, the proposer acknowledges agreement with and acceptance of all provisions of the RFP specifications. 2. Proposal Submittal. Each proposal must be submitted on the form provided in the specifications and accompanied by any other required submittals or supplemental materials. Proposal documents shall be enclosed in an envelope which shall be sealed and addressed to the Department of Finance, City of San Luis Obispo, 990 Palm Street,San Luis Obispo,CA, 93401. In order to guard against premature opening, the proposal should be clearly labeled with the proposal title, specification number, name of proposer, and date and time of proposal opening. No FAX submittals will be accepted. 3. Insurance Certificate. Each proposal must include a certificate of insurance showing: a) The insurance carrier and its A.M.Best rating. b) Scope of coverage and limits. c) Deductibles and self-insured retention. The purpose of this submittal is to generally assess the adequacy of the proposer's insurance coverage during proposal evaluation; as discussed under paragraph 12 below,endorsements are not required until contract award. The City's insurance requirements are detailed in Section E. 4. Year 2000 Compliance Strategy. Each proposal must include a description of the bidder's Year 2000 compliance strategy(or statement of why this is not relevant to the purchase). 5. Proposal Quotes and Unit Price Extensions. The extensions of unit prices for the quantities indicated and the lump sum prices quoted by the proposer must be entered in figures in the spaces provided on the Proposal Submittal Form(s). Any lump sum bid shall be stated in figures. The Proposal Submittal Form(s) must be totally completed. If the unit price and the total amount stated by any proposer for any item are not in agreement,the unit price alone will be considered as representing the proposer's intention and the proposal total will be corrected to conform to the specified unit price. 6. Proposal Withdrawal and Opening. A proposer may withdraw its proposal, without prejudice prior to the time specified for the proposal opening, by submitting a written request to the Director of Finance for its withdrawal, in which event the proposal will be returned to the proposer unopened. No proposal received after the time specified or at any place other than that stated in the 'Notice Inviting Bids/Requesting Proposals" will be considered. All proposals will be opened and declared publicly. Proposers or their representatives are invited to be present at the opening of the proposals. 7. Submittal of One Proposal Only. No individual or business entity of any kind shall be allowed to make or file, or to be interested in more than one proposal, except an alternative proposal when specifically requested; however, an individual or business entity which has submitted a sub- proposal to a proposer submitting a proposal, or who has quoted prices on materials to such proposer, is not thereby disqualified from submitting a sub-proposal or from quoting prices to other proposers submitting proposals. 8. Cooperative Purchasing. During the term of the contract,the successful proposer will extend all terms and conditions to any other local governmental agencies upon their request. These agencies will issue their own purchase orders, will directly receive goods or services at their place of business,and will be directly billed by the successful proposer. 9. Communications. All timely requests for information submitted in writing will receive a written response from the City. Telephone communications with City staff are not encouraged,but will be permitted. However,any such oral communication shall not be binding on the City. CONTRACT AWARD AND EXECUTION 1. Proposal Retention and Award. The City reserves the right to retain all proposals for a period of 60 days for examination and comparison. The City also reserves the right to waive non-substantial irregularities in any proposal, to reject any or all proposals, to reject or delete one part of a proposal and accept the other, except to the extent that proposals are qualified by specific limitations. See the"special terms and conditions"in Section C of these specifications for proposal evaluation and contract award criteria. 2. Competency and Responsibility of Proposer. The City reserves full discretion to determine the competence and responsibility, professionally and/or financially, of proposers. Proposers will provide, in a timely manner,any and all information which the City deems necessary to make such a decision. 3. Contract Requirement. The proposer to whom award is made (Contractor) shall execute a written contract with the City within ten(10)calendar days after notice of the award has been sent by mail to it at the address given in its proposal. The contract shall be made in the form adopted by the City and incorporated in these specifications. 4. Insurance Requirements. The Contractor shall provide proof of insurance in the form, coverages, and amounts specified in Section E of these specifications within 10(ten)calendar days after notice of contract award as a precondition to contract execution. 5. Business Tax. The Contractor must have a valid City of San Luis Obispo business tax certificate prior to execution of the contract. Additional information regarding the City's business tax program may be obtained by calling(805)781-7134. CONTRACT PERFORMANCE 1. Ability to Perform. The Contractor wan-ants that it possesses, or has arranged through subcontracts, all capital and other equipment, labor, materials, and licenses necessary to carry out and complete the work hereunder in compliance with any and all federal, state, county, city, and special district laws, ordinances,and regulations. 2. Laws to be Observed. The Contractor shall keep itself fully informed of and shall observe and comply with all applicable state and federal laws and county and City of San Luis Obispo ordinances,regulations and adopted codes during its performance of the work 3. Payment of Taxes. The contract prices shall include full compensation for all taxes which the Contractor is required to pay. 4. Permits and Licenses. The Contractor shall procure all permits and licenses,pay all charges and fees,and give all notices necessary. 5. Safety Provisions. The Contractor shall conform to the rules and regulations pertaining to safety established by OSHA and the California Division of Industrial Safety. 6. Public and Employee Safety. Whenever the Contractor's operations create a condition hazardous to the public or City employees, it shall, at its expense and without cost to the City, fimmish, erect and maintain such fences, temporary railings, barricades, lights, signs and other devices and take such other protective measures as are necessary to prevent accidents or damage or injury to the public and employees. 7. Preservation of City Property. The Contractor shall provide and install suitable safeguards, approved by the City, to protect City property from injury or damage. If City property is injured or damaged as a result of the Contractor's operations, it shall be replaced or restored at the Contractor's expense. The facilities shall be replaced or restored to a condition as good as when the Contractor began work. S. Immigration Act of 1986. The Contractor warrants on behalf of itself and all subcontractors engaged for the performance of this work that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act of 1986 and other applicable laws shall be employed in the performance of the work hereunder. 9. Contractor Non-Discrimination. In the performance of this work, the Contractor agrees that it will not engage in, nor permit such subcontractors as it may employ,to engage in discrimination in employment of persons because of age, race, color, sex, national origin or ancestry, sexual orientation,or religion of such persons. 10. Work Delays. Should the Contractor be obstructed or delayed in the work required to be done hereunder by changes in the work or by any default,act,or omission of the City, or by strikes, fire, earthquake, or any other Act of God, or by the inability to obtain materials, equipment, or labor due to federal government restrictions arising out of defense or war programs, then the time of completion may, at the City's sole option, be extended for such periods as may be agreed upon by the City and the Contractor. In the event that there is insufficient time to grant such extensions prior to the completion date of the contract, the City may, at the time of acceptance of the work, waive liquidated damages which may have accrued for failure to complete on time, due to any of the above, after hearing evidence as to the reasons for such delay, and maldng a finding as to the causes of same. 11. Payment Terms. The City's payment terms are 30 days from the receipt of an original invoice and acceptance by the City of the materials, supplies, equipment, or services provided by the Contractor(Net 30). -7- C �Z�I) 12. Inspection. The Contractor shall furnish City with every reasonable opportunity for City to ascertain that the services of the Contractor are being performed in accordance with the requirements and intentions of this contract. All work done and all materials furnished, if any, shall be subject to the City's inspection and approval. The inspection of such work shall not relieve Contractor of any of its obligations to fulfill its contract requirements. 13. Audit. The City shall have the option of inspecting and/or auditing all records and other written materials used by Contractor in preparing its invoices to City as a condition precedent to any payment to Contractor. 14. Interests of Contractor. The Contractor covenants that it presently has no interest, and shall not acquire any interest direct or indirect or otherwise, which would conflict in any manner or degree with the performance of the work hereunder. The Contractor further covenants that, in the performance of this work, no subcontractor or person having such an interest shall be employed. The Contractor certifies that no one who has or will have any financial interest in performing this work is an officer or employee of the City. It is hereby expressly agreed that, in the performance of the work hereunder, the Contractor shall at all times be deemed an independent contractor and not an agent or employee of the City. 15. Hold Harmless and Indemnification. Tire Contractor agrees to defend, indemnify,protect and hold the 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 the Contractor'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 the Contractor, and its agents, officers or employees, in performing the work or services herein, and all expenses of investigating and defending against same; provided however, that the Contractor's duty to indemnify and hold harmless shall not include any claims or liability arising from the established sole negligence or wilful misconduct of the City, its agents, officers or employees. 16. Contract Assignment. The Contractor shall not assign, transfer, convey or otherwise dispose of the contract, or its right, title or interest, or its power to execute such a contract to any individual or business entity of any kind without the previous written consent of the City. 17. Year 2000 Compliance. The Contractor warrants that the goods or services provided to the City, including those provided through subcontractors, are "Year 2000 compliant." For the purpose of this contract, "Year 2000 compliant" means that goods or services provided to the City will continue to fully function, fault-free, before, at and after the Year 2000, without interruption or human intervention;and if applicable, any data outside of the date range 1990-1999, including leap years,will be correctly processed in any level of computer hardware or software, including, but not limited to, microcode, firmware, application programs, files and data bases. This warranty supersedes all warranty disclaimers or limitations, and all limitations on liability, otherwise provided by the Contractor. 18. Termination. If, during the term of the contract, the City determines that the Contractor is not faithfully abiding by any term or condition contained herein,the City may notify the Contractor in writing of such defect or failure to perform; which notice must give the Contractor a 10 (ten) calendar day notice of time thereafter m which to perform said work or cure the deficiency. �- C OPOI If the Contractor has not performed the work or cured the deficiency within the ten days specified in the notice,such shall constitute a breach of the contract and the City may terminate the contract immediately by written notice to the Contractor to said effect. Thereafter, neither party shall have any further duties, obligations, responsibilities, or rights under the contract except, however, any and all obligations of the Contractor's surety shall remain in full force and effect, and shall not be extinguished,reduced,or in any manner waived by the termination thereof. In said event,the Contractor shall be entitled to the reasonable value of its services performed from the beginning date in which the breach occurs up to the day it received the City's Notice of Termination, minus any offset from such payment representing the City's damages from such breach. "Reasonable value" includes fees or charges for goods or services as of the last milestone or task satisfactorily delivered or completed by the Contractor as may be set forth in the Agreement payment schedule; compensation for any other work, services or goods performed or provided by the Contractor shall be based solely on the City's assessment of the value of the work-in-progress in completing the overall workscope. The City reserves the right to delay any such payment until completion or confirmed abandonment of the project, as may be determined in the City's sole discretion, so as to permit a full and complete accounting of costs. In no event, however, shall the Contractor be entitled to receive in excess of the compensation quoted in its proposal. _9 C., 002 Section C SPECIAL TERMS AND CONDITIONS VENDOR REQUIREMENTS 1. Upon installation of the mobile video vehicle systems in each vehicle,the vendor shall conduct testing to verify all hardware and components provided by said vendor are functioning properly and in accordance with the manufacturer's system specifications and documentation. 2. All equipment supplied under this specification shall be completely operational when installed. 3. After the equipment has been accepted,the vendor will provide parts and labor for a period of one year to correct defects or vendor workmanship. 4. All shipping charges (both ways)shall be at the expense of the manufacturer for the fill year of the warranty. 5. Vendor must make all necessary adjustments to this system,not acquired by reason of accident or misuse,at the vendor's expense for a period of one year from the date of installation. 6. Service technicians directly employed or trained by the equipment manufacturer must be available within one business day in the event service is required. 7. The vendor must guarantee parts support and availability through said vendor under this specification and proposed equipment for a period of not less than five years. 8. Installation shall be on-site at the customer's facility and include a training course for officers. This will be included in the price. 9. Initial freight and delivery charges shall be paid by the vendor. 10. A full and complete set of operating instructions shall be furnished by the vendor with each unit. 11. The vendor will identify the costs of extended warranties for consideration on a per unit basis. DELIVERY INSTRUCTIONS 1. From the date of delivery of the first mobile video unit to the customer's facility,the vendor will deliver all the requested units within a 45-day period. PERFORMANCE STANDARDS 1. Start and Completion of Work Work on this project shall begin within 10 calendar days after contract execution and shall be completed within 45 calendar days thereafter. 2. Liquidated Damages. In the event that the proposer does not meet the work completion date specified in its proposal,the award amount shall be reduced in the amount of five hundred dollars ($500.00)per calendar day for each and every day which exceeds the completion date specified in the proposer's proposal. As the delay in the completion of work could seriously affect the public and the efficient operation of the City to an extent incapable of precise calculation, said reduction -10- C'X 13 is established as the nearest measure of damages for such delay that can be fixed at this time, and is not established as a penalty or forfeiture for the breach of agreement to complete the work. Said reductions may be invoked if completion of work exceeds the specified time for any reason. 3. Change in Work. The City reserves the right to change quantities of any item after contract award. If the total quantity of any changed item varies by 25%or less,there shall be no change in the agreed upon unit price for that item. Unit pricing for any quantity changes per item in excess of 25%shall be subject to negotiation with the Contractor. 4. Submittal of References. Each proposer shall submit a statement of qualifications and at least three references on the form provided in the RFP package. 5. Statement of Contract Disqualifications. Each proposer shall submit a statement regarding any past governmental agency bidding or contract disqualifications on the form provided in the RFP package. PROPOSAL CONTENT. Your proposal must include the following information: 1. Submittal Forms a) Proposal submittal summary. b) Certificate of insurance. c) Description of your firm's Year 2000 compliance strategy (or statement why this is not relevant to the purchase). 2. Qualifications a) Experience of your firm in performing similar services. b) Resumes of the individuals who would be assigned to this project, including any sub- consultants. C) Standard hourly billing rates for the assigned sta$ including any sub-consultants. 3. Work Program a) Description of your approach to completing the work. b) Tentative schedule by phase and task for completing the work. c) Estimated hours for your staff in performing each major phase of the work, including sub- consultants. d) Services or data to be provided by the City. e) Any other information that would assist us in making this contract award decision. 4. Compensation a) Proposed compensation and payment schedule tied to accomplishing key tasks. 5. Proposal Length and Copies a) Six copies of the proposal must be submitted. -11- C —♦- '� PROPOSAL EVALUATION AND SELECTION. 1. Proposals will be evaluated by a review committee based on the following criteria: a) Understanding of the work required by the City. b) Quality,clarity and responsiveness of the proposal. c) Demonstrated competence and professional qualifications necessary for successfiilly performing the work required by the City. d) Recent experience in successfully performing similar services. e) Proposed approach in completing the work. f) References. g) Background and related experience of the specific individuals to be assigned to this project. h) Proposed compensation. As reflected above, contract award will not be based solely on price, but on a combination of factors as determined to be in the best interest of the City. After evaluating the proposals and discussing them further with the finalists or the tentatively selected contractor,the City reserves the right to further negotiate the proposed work and/or method and amount of compensation. PROPOSAL REVIEW AND AWARD SCHEDULE The following is an outline of the anticipated schedule for proposal review and contract award: a) Issue RFP October 7 b) Receive proposals November 3 C) Complete proposal evaluation November 13 d) Award contract November 20 e) Execute contract November 30 f) Start work December 7 OWNERSHIP OF PRODUCTS 1. Release of Reports and Information. Any reports, information, data, or other material given to, prepared by or assembled by the Contractor as part of the work or services under these specifications shall be the property of City and shall not be made available to any individual or organization by the Contractor without the prior written approval of the City. 2. Copies of Reports and Information. If the City requests additional copies of reports, drawings, specifications, or any other material in addition to what the Contractor is required to furnish in limited quantities as part of the work or services under these specifications, the Contractor shall provide such additional copies as are requested, and City shall compensate the Contractor for the costs of duplicating of such copies at the Contractor's direct expense. 3. Required Deliverable Products. The Contractor will be required to provide: a) Six copies of bid package which addresses all elements of the workscope. Any documents or materials provided by the Contractor will be reviewed by City staff and, where -12' CM i� �L necessary, the Contractor will be required to respond to staff comments and make such changes as deemed appropriate. b) One camera-ready original, unbound, each page printed on only one side, including any original graphics in place and scaled to size,ready for reproduction. c) When computers have been used to produce materials submitted to the City as a part of the workscope, the Contractor must provide the corresponding computer files to the City, compatible with the following programs whenever possible unless otherwise directed by the project manager: • Word Processing Word • Spreadsheets Excel • Desktop Publishing Coreldraw,Pagemaker • Computer Aided Drafting(CAD) AutoCad Computer files must be on 31/2", high-density, write-protected diskettes, formatted for use on IBM-compatible systems. Each diskette must be clearly labeled and have a printed copy of the directory. 4. Attendance at Meetings and Hearings. As part of the workscope and included in the contract price is attendance at up to one public meeting to present and discuss the Contractor's findings and recommendations. Contractor shall attend as many "working" meetings with staff as necessary in performing workscope tasks. ACCURACY OF SPECIFICATIONS. 1. The specifications for this project are believed by the City to be accurate and to contain no affirmative misrepresentation nor any concealment of fact. Bidders are cautioned to undertake an independent analysis of any test results in the specifications, as City does not guaranty the accuracy of its interpretation of test results contained in the specifications package. In preparing its proposal, the bidder and all subcontractors named in its proposal shall bear sole responsibility for proposal preparation errors resulting from any misstatements or omissions in the plans and specifications which could easily have been ascertained by pramining either the project site or accurate test data in the City's possession. Although the effect of ambiguities or defects in the plans and specifications will be as determined by law, any patent ambiguity or defect shall give rise to a duty of bidder to inquire prior to proposal submittal. Failure to so inquire shall cause any such ambiguity or defect to be construed against the bidder. An ambiguity or defect shall be considered patent if it is of such a nature that the bidder, assuming reasonable skill, ability, and diligence on its part, knew or should have known of the existence of the ambiguity or defect. Furthermore, failure of the bidder or subcontractors to notify City in writing of specification or plan defects or ambiguities prior to proposal submittal shall waive any right to assert said defects or ambiguities subsequent to submittal of the proposal. 2. To the extent that these specifications constitute performance specifications, the City shall not be liable for costs incurred by the successful bidder to achieve the project's objective or standard beyond the amounts provided therefor in the proposal. 3. In the event that, after awarding the contract, any dispute arises as a result of any actual or alleged ambiguity or defect in the plans and/or specifications, or any other matter whatsoever, Contractor -13- C ..JW �` shall immediately notify the City in writing, and the Contractor and all subcontractors shall continue to perform, irrespective of whether or not the ambiguity or defect is major, material, minor or trivial, and irrespective of whether or not a change order, time extension, or additional compensation has been granted by City. Failure to provide the hereinbefore described written notice within one (1) working day of contractor's becoming aware of the facts giving rise to the dispute shall constitute a waiver of the right to assert the causative role of the defect or ambiguity in the plans or specifications concerning the dispute. Section D FORM OF AGREEMENT AGREEMENT THIS AGREEMENT is made and entered into in the City of San Luis Obispo on this day Of , by and between the CITY OF SAN LUIS OBISPO, a municipal corporation,hereinafter referred to as City,and hereinafter referred to as Contractor. WITNESSETH: WHEREAS,on City requested proposals for the purchase of a Police Mobile Video System per Specification No. 9223. WHEREAS, pursuant to said request, Contractor submitted a proposal which was accepted by City for said Mobile Video System. NOW THEREFORE, in consideration of their mutual promises, obligations, and covenants hereinafter contained,the parties hereto agree as follows: 1. TERM. The term of this Agreement shall be from the date of this Agreement is made and entered, as first written above, until acceptance or completion of said purchase, installation, and maintenance of Police Mobile Video System. 2. INCORPORATION BY REFERENCE. City Specification No. 9223 and Contractor's proposal dated ,are hereby incorporated in and made a part of this Agreement 3. CITY'S OBLIGATIONS. For said Mobile Video System, as specified in this Agreement, City will pay and Contractor shall receive therefor compensation in a total sum not to exceed$ 4. CONTRACTOR'S OBLIGATIONS. For and in consideration of the payments and agreements hereinbefore mentioned to be made and performed by City, Contractor agrees with City do everything required by this Agreement and the said specification. 5. AMENDMENTS. Any amendment,modification,or variation from the terms of this Agreement shall be in writing and shall be effective only upon approval by the Council of the City. -15- W �0 6. COMPLETE AGREEMENT. This written Agreement, including all writings specifically incorporated herein by reference, shall constitute the complete agreement between the parties hereto. No oral agreement,understanding, or representation not reduced to writing and specifically incorporated herein shall be of any force or effect,nor shall any such oral agreement,understanding,or representation be binding upon the parties hereto. 7. NOTICE. All written notices to the parties hereto shall be sent by United States mail, postage prepaid by registered or certified mail addressed as follows: City City Clerk City of San Luis Obispo 990 Palm Street San Luis Obispo,CA 93401 Contractor [ ] [ ] [ ] [ l 8. AUTHORITY TO EXECUTE AGREEMENT. Both City and Contractor do covenant that each individual executing this agreement on behalf of each party is a person duly authorized and empowered to execute Agreements for such party. IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed the day and year first above written. ATTEST: CITY OF SAN LUIS OBISPO,A Municipal Corporation By: City Clerk City Administrative Officer APPROVED AS TO FORM: CONTRACTOR By: City Attorney _16_ Section E INSURANCE REQUIREMENTS: Sup& and E uipment Contracts The Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the products and materials supplied to the City. The cost of such insurance shall be borne by the Contractor. Minimum Scope of Insurance. Coverage shall be at least as broad as Insurance Services Office Commercial General Liability coverage("occurrence" form CG 0001). Minimum Limits of Insurance. Contractor shall maintain limits no less than$1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this projeallocation or the general aggregate limit shall be twice the required occurrence limit. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, officials, employees and volunteers; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. Other Insurance Provisions. The general liability policy is to contain, or be endorsed to contain, the following provisions: 1. The City, its officers, officials, employees, agents and volunteers are to be covered as insureds as respects: products and completed operations of the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. The Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees, agents or volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought,except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII. Verification of Coverage. The Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. All endorsements are to be received and approved by the City before work commences. -17- G WSW Z Section F - PROPOSAL SUBMITTAL FORM The undersigned declares that she or he has carefully examined Specification No .9223, which is hereby made a part of this proposal; is thoroughly familiar with its contents; is authorized to represent the proposing firm;and agrees to perform the specified work for the following cost quoted in fidL- BID ITEM: Police Mobile Video System Total Base Price Subsequent Annual Maintenance Costs Sales tax @ 7.25% Other(provide detail below) TOTAL s Delivery of equipment to the City to be within calendar days after contract execution and written authorization to proceed. ❑ Certificate of insurance attached; insurance company's A.M. Best rating: ❑ Description of your firm's Year 2000 compliance strategy(or statement why this is not relevant to the purchase)attached. Firm Name and Address Contact Phone : nature o Authorized R resentative Date -18- C-a.-21 Section F - REFERENCES Number of years engaged in providing the services included within the scope of the specifications under the present business name: Describe fully the last three contracts performed by your firm which demonstrate your ability to provide the services included with the scope of the specifications. Attach additional pages if required. The City reserves the right to contact each of the references listed for additional information regarding your firm's qualifications. Reference No. l Customer Name Contact Individual Telephone&FAX number Street Address City, State,Zip Code Description of services provided including contract amount,when provided and project outcome Reference No. 2 Customer Name Contact Individual Telephone&FAX number Street Address City,State,Zip Code Description of services provided including contract amount,when provided and project outcome Reference No.3 Customer Name Contact Individual Telephone&FAX number Street Address City, State,ZipF Description of =dedincluding contprovided and p -19- C-l" 1 Section F - STATEMENT OF PAST CONTRACT DISQUALIFICATIONS The proposer shall state whether it or any of its officers or employees who have a proprietary interest in it, has ever been disqualified,removed,or otherwise prevented from bidding on, or completing a federal, state, or local government project because of the violation of law, a safety regulation, or for any other reason, including but not limited to financial difficulties, project delays, or disputes regarding work or product quality,and if so to explain the circumstances. ■ Do you have any disqualification as described in the above paragraph to declare? Yes ❑ No ❑ ■ If Yes, explain the circumstanceL Executed on at under penalty of perjury of the laws of the State of California,that the foregoing is true and correct. Signature of Authorized Proposer Representative -20- ��1�� PROPOSERS LIST 11111110=11111 ----- POLICE MOBILE VIDEO SYSTEM-SPECIFICATION NO. 9223 Dynatech Tactical Communications, Inc. Hans Berger Enterprises Wayne Ketaliily Hans Berger 11439 Genova Road 1295 Shaw#104-206 Alta Loma CA 91701 Clovis CA 93612 909 989-0015 FAX(909)948-5704 209 291-1460 Crimetec Systems, Inc. Docu Cam Charles"Laddie"McCabe CMI MPH 313-522-8500 Roosevelt Rogers 1-800-835-0690 Sem Co Eagleye Video Monitoring Technology Cop Cam Robert Watson 1430 Vangtage Court, Vista Court PO Drawer 2969 Vista CA 92083-8596 Rome GA 301642969 1-800-242-0146 FAX: (706)232-7617 Kustom Signals, Inc. Police Imaging Systems Donna Berger Barry Kendall 9325 Pflumm 7700 Ronnie Drive, #103 Lenexa KS 66215 Dallas TX 75252 1-800-458-7866 FAX 913 492-1703 1-800-476-5423 FAX(972)-732-0888 Skaggs Telecommunications Services Cop Cam Dean Larsen Hart Security 1-800-879-1787 Tom Benson 5024 Katella Avenue#212 Los Alamitos CA 90720 (562)431-4427 Optical Surveillance Systems, Inc. Spectra Tech Biff Bigbie 505 E. Evelen Ave. 10830 North Central Expressway, #310 Mt. View CA 94041 Dallas TX 75231 (888)922-9911 1-800-487-7510 FAX: (2141363-1590 4/' NOTE. Not to be included with Proposer's Package when mailed or handed out; this should be included as an attachment to the Council Agenda Report or CAO Report