HomeMy WebLinkAbout01/04/2022 06.G. Resolution awarding Bid 12132 and authorizing contracts with Day Management Corporation and Financial Consultants International for provision of Police vehicle up-fitting services 14.41141\l'A
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.G.
For Meeting of: January 4, 2022
ITEM TITLE: Resolution awarding Bid 12132 and authorizing contracts with Day
Management Corporation and Financial Consultants International
for provision of Police vehicle up-fitting services
SUBMITTED BY: Maria Mayhue, Purchasing Manager
Christina Payer, Buyer I I
SUMMARY EXPLANATION:
On November 15, 2021, the city of Yakima solicited Bid 12131 titled Up-fitting of New Police
Vehicles. Bids were solicited to provide vehicle up-fitting for 55 new vehicles for the Yakima
Police Department.
Recommendation for a multiple award was made to Day Management Corp, and Financial
Consultants Intl, Inc., and approved by Lt. Ira Cavin and Chief of Police Matthew Murray, followed by
approval from the City Manager Bob Harrison. They were equally awarded schedule 1 — Up-fitting
(51) 2022 Ford Police Interceptor Utility vehicles and schedule 2— Up-fitting (1) 2022 Ford Police
Interceptor Utility vehicle. Vehicle up-fitting involves labor necessary to install and connect wiring of
supplied equipment (partitions, lightbars, modems and antenna, etc.) into vehicles.
Due to the size of the project and to expedite the process of placing vehicles into service, it was in the
city's best interest to make a multiple award. This contract is for one year, with the possibility of four
additional automatic annual renewals. The estimated award amount is $228,743.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Safety
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
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❑ Resolution awarding Bid 12132 12/14/2021 Resolution
❑ 12132 Bid Tabulation 12/14/2021 Backup Material
❑ 12132 Agreement with Day Management 12/14/2021 Contract
❑ 12132 Agreement with Financial Consultants 12/14/2021 Contract
❑ Contract ExhibitA-Applies to both contracts 12/14/2021 Exhibit
❑ Contract Exhibit B-Day Management 12/14/2021 Exhibit
❑ Contract Exhibit B-Financial Consultants 12/14/2021 Exhibit
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RESOLUTION NO. R-2022-
A RESOLUTION authorizing award of BID 12132 and execution of an agreement with Day
Management Corp, and Financial Consultants Intl, Inc., to purchase
Police Vehicle Up-fitting Services.
WHEREAS, the City posted and published notice on November 15 and 16, 2021 in the
Yakima Herald Republic and on the city's webpage that BID No. 12132 was available for
competitive bid; and
WHEREAS, Bids were due November 29, 2021 at 11:00 a.m.; bids that were timely
received were publicly opened in City Council Chambers in Yakima, Washington; and
WHEREAS, the following Bids were received, as evidenced by the attached Bid
Tabulation Form; and
WHEREAS, all responsive Bids were sent to the Yakima Police Department for
Recommendation of Award; and
WHEREAS, Day Management Corp, and Financial Consultants Intl, Inc., were the only
responsive Bids received, by responsible bidders; the Yakima Police Department recommends
Contract Award be issued to Day Management Corp, and Financial Consultants Intl, Inc., and
that the City Manager execute Contracts; and
WHEREAS, the Scope of Work and available budget meet the needs and requirements
of the City of Yakima for this procurement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Bid is hereby awarded and the City Manager is hereby authorized to execute
Contracts with Day Management Corp, and Financial Consultants Intl, Inc., attached hereto and
incorporated herein by this reference, in the total amount of$288,743 for the procurement of
Police Vehicle Up-fitting Services.
ADOPTED BY THE CITY COUNCIL this 4'h day of January, 2022.
[NAME], Mayor
ATTEST:
Sonya Clear Tee, City Clerk
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6
AGREEMENT
CITY OF YAKIMA
Bid 12132
Upfitting of New Police Vehicles
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima, a Washington municipal
corporation ("City"), and Day Management Corporation, ("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as
follows:
1. Statement of Work
The Contractor shall perform all work and services)and furnish all tools, materials, labor and equipment(collectively
referred to as "Services") according to the procedure outlined in Bid 12132 Upfitting of New Police Vehicles
Specifications which are attached as Exhibit A, and the most recent edition of the ANSIITIAIEIA and NEC Standards,
all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work
provided under this Contract and every part thereof.
The Contractor shall provide and bear the expense of all equipment; work and labor of any sort whatsoever that may
be required for the transfer of materials and completing the work provided for in this Contract and every part thereof,
except such as are mentioned in the specifications to be furnished by the City of Yakima.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein,which Exhibit
includes the specifications and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the
time and in the manner and upon the conditions provided for the Contract.
3. Contract Term
The period of this Contract shall be for a period of one year from its effective date. The City may, at its option, extend
the Contract on a year to year basis for up to four(4)additional years provided, however,that either party may at any
time during the life of this Contract, or any extension thereof, terminate this Contract by giving thirty(30)days' notice
in writing to the other party of its intention to cancel. Contract extensions shall be automatic, and shall go into effect
without written confirmation, unless the City provides advance notice of the intention to not renew. Prices shall remain
firm for the first twelve-month period of the Contract.
4. Changes
Any proposed change in this Contract shall be submitted to the other party, for its prior written approval. If approved,
change will be made by a contract modification that Aill become effective upon execution by the parties hereto. Any
oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid.
5. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to
performance of the Services. Contractor shall not represent that it is, or hold itself out as, an agent or representative of
City. In no event shall Contractor be authorized to enter into any agreement or undertaking for, or on, behalf of City.
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6. Successors and Assigns
Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from
this Contract without the prior written consent of the other.
The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree
to the full performance of all the covenants herein contained upon the part of the Contractor.
7. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and
shall be surrendered to the City upon demand. All information concerning the City and said project which is not
otherwise a matter of public record or required by law to be made public, is confidential, and the Contractor will not, in
whole or part, now or at any time disclose that information without the express written consent of the City.
8. Inspection and Production of Records
The records relating to the Services shall, at all times, be subject to inspection by and with the approval of the City, but
the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility
for performance of the Services in accordance with this Contract, notwithstanding the City's knowledge of defective or
non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient,
safe, and proper facilities, and/or send copies of the requested documents to the City. Contractor's records relating to
the Services will be provided to the City upon the City's request.
Contractor shall promptly furnish the City with such information and records which are related to the Services of this
Contract as may be requested by the City. Until the expiration of six(6)years after final payment of the compensation
payable under this Contract, or for a longer period if required by law or by the Washington Secretary of State's record
retention schedule, Contractor shall retain and provide the City access to(and the City shall have the right to examine,
audit and copy)all of Contractor's books, documents, papers and records which are related to the Services performed
by Contractor under this Contract.
All records relating to Contractor's services under this Contract must be made available to the City, and the records
relating to the Services are City of Yakima/Yakima County records. They must be produced to third parties, if required
pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to
Contractor's services under this Contract must be retained by Contractor for the minimum period of time required
pursuant to the Washington Secretary of State's records retention schedule.
The terms of this section shall survive any expiration or termination of this Contract.
9. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire, and shall be the property
of the City. The City shall own any and all data, documents, plans, copyrights, specifications, working papers, and any
other materials the Contractor produces in connection with this Contract. On completion or termination of the Contract,
the Contractor shall deliver these materials to the City.
10. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year
following the date of completion and acceptance of the Services.
11. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all
applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body,
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whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits,
licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all
charges and fees, and give all notices necessary and incidental to the due and lawful execution of the work.
a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License
and pay all charges, fees, and taxes associated with said license.
b. Contractor must provide proof of a valid Washington State Contractor Registration number.
c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration
number, as required in Title 85 RCW.
d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number.
Contractor must have a current UBI number and not be disqualified from bidding on any public works
contract under RCW 39.06.010 or 39.12.065(3).
e. Contractor must provide proof of a valid Washington Employment Security Department number as
required by Title 50 RCW.
f. Foreign(Non-Washington)Corporations: Although the City does not require foreign corporate proposers
to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and
agreed that any such corporation will promptly take all necessary measures to become authorized to
conduct business in the City of Yakima at their own expense, without regard to whether such corporation
is actually awarded the contract,and in the event that the award is made,prior to conducting any business
in the City.
12. Nondiscrimination
During the performance of this Contract, the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race, creed, color, religion, national origin,
sex, age, marital status, sexual orientation, pregnancy, veteran's status, political affiliation or belief, or the presence of
any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW
chapter 49.60)or the Americans with Disabilities Act(42 USC 12101 et seq.).
This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment,
advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision
of Services under this Agreement.
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such
rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for any future City contracts.
13. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or
property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected
and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers
from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions,
investigations, and regulatory or other governmental proceedings arising from or in connection with this
Agreement or the acts, failures to act, errors or omissions of the Contractor, or any Contractor's agent or
subcontractor, in performance of this Agreement, except for claims caused by the City's sole negligence.
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The City's right to indemnification includes attorney's fees costs associated with establishing the right to
indemnification hereunder in favor of the City.
b. If any suit, judgment, action, claim or demand arises out of, or occurs in conjunction with, the negligent
acts and/or omissions of both the Contractor and the City, or their elected or appointed officials, officers,
employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its
proportionate share of negligence for any resulting suit, judgment, action, claim, demand, damages or
costs and expenses, including reasonable attorneys'fees.
c. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives
any immunity that may be granted to it under the Washington State industrial insurance act, Title 51
RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in
any way by any limitation on the amount of damages, compensation or benefits payable to or by any third
party under workers' compensation acts, disability benefit acts or any other benefits acts or programs.
Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by
Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of
this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51
RCW, and assume all potential liability for actions brought by their respective employees. The Parties
acknowledge that they have mutually negotiated this waiver.
d. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability,
including the duty and cost to defend, shall be only to the extent of the Contractor's negligence.
e. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification in any third party.
f. The terms of this Section shall survive any expiration or termination of this Contract.
14. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect
insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses
arising out of or resulting from the performance of this Contract.Contractor shall provide and maintain in force insurance
in limits no less than that stated below, as applicable. The City reserves the right to require higher limits should it deem
it necessary in the best interest of the public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and
outlined herein.A copy of the additional insured endorsement attached to the policy will be included with the certificate.
This Certificate of insurance shall be provided to the City, prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify
a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation
to maintain such insurance.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of
insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars
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($2,000,000.00)per occurrence,combined single limit bodily injury and property damage,and Two Million
Dollars($2,000,000.00) general aggregate. If Contractor carries higher coverage limits, such limits shall
be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed
officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such
higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials,
employees, agents, attorneys and volunteers as additional insureds, and shall contain a clause that the
insurer will not cancel or change the insurance without first giving the City prior written notice. The
insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and
admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's
review or acceptance of insurance maintained by Contractor is not intended to and shall not in any
manner limit or qualify the liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties, Contractor shall provide the City with a certificate of
insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars
($2,000,000.00)per occurrence. If Contractor carries higher coverage limits, such limits shall be shown
on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials,
employees, agents, attorneys and volunteers shall be named as additional insureds for such higher limits.
The certificate shall clearly state who the provider is,the coverage amount,the policy number, and when
the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this
Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees,
agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will
not cancel or change the insurance without first giving the City prior written notice. The insurance shall
be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the
State of Washington. The requirements contained herein, as well as City of Yakima's review or
acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or
qualify the liabilities or obligations assumed by Contractor under this contract. The business auto liability
shall include Hired and Non-Owned coverage if necessary.
c. Employer's Liability(Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation,
occupational disease, and occupational health and safety laws, statutes, and regulations to the full extent
applicable, and shall maintain Employer's Liability insurance with a limit of no less than
$1,000,000.00. The City shall not be held responsible in any way for claims filed by Contractor or its
employees for services performed under the terms of this Contract. Contractor agrees to assume full
liability for all claims arising from this Contract including claims resulting from negligent acts of all
subcontractor(s). Contractor is responsible to ensure subcontractor(s)have insurance as needed. Failure
of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or
responsibility.
Commercial General Liability: Combined Single Limit: $2,000,000 Per Occurrence
$2,000,000 Annual Aggregate
Automobile Liability $2,000,000 Per Occurrence
Garage Liability: $1,000,000 Minimum Limit
Garage Keepers Liability: $200,000 Minimum Limit
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Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under
this Contract. Any insurance, self-insurance or insurance pool coverage maintained by the City shall be in excess of
the Contractor's insurance and shall not contribute to it.
If at any time during the life of the Contract, or any extension, Contractor fails to maintain the required insurance in full
force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required
insurance may be sufficient cause for the City to terminate the Contract.
15. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid,
such invalidity shall not affect other terms, conditions or applications which can be given effect without the invalid term,
condition or application. To this end, the terms and conditions of this Contract are declared severable.
16. Contract Documents
This Contract, the Invitation to Bid 12132 Scope of Work, conditions, addenda, and modifications and Contractor's
proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are
complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede
other inconsistent provisions. These Contract Documents are on file in the Office of the Purchasing Manager, 129 No.
2nd St., Yakima, WA, 98901, and are hereby incorporated by reference into this Contract.
17. Termination -Convenience
This Contract may be terminated by either party by giving thirty(30)days written notice of such intent and will become
effective thirty(30)days from the date such written notice is delivered to the applicable party to the Contract.
18. Termination -Cause
The City reserves the right to terminate this Contract at any time, upon written notice, in the event that the Services of
Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions
contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days
after the notice is mailed first class mail, certified with return receipt requested.
19. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics, war,
riot, delay in transportation or railcar transport shortages, provided Contractor notifies the City immediately in writing of
such pending or actual delay. Normally, in the event or any such delays(acts or God, etc.)the date of delivery will be
extended for a period equal to the time lost due to the reason for delay.
20. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
21. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in
Yakima County, Washington.
22. Authority
The person executing this Contract,on behalf of Contractor,represents and warrants that he/she has been fully authorized
by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and
provisions of this Contract.
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23. Notice
Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered
in person or by overnight courier,facsimile or first-class mail, certified with return receipt requested. Notices to the parties
shall be delivered to:
TO CITY: Bob Harrison,City Manager TO CONTRACTOR: Day Management Corporation
City of Yakima 4700 SE International Way
City Hall—First Floor Milwaukie, OR 97222
129 North Second Street
Yakima,WA 98901
COPY TO: City of Yakima Purchasing
Christina Payer, Buyer II
City Hall—First Floor
129 North Second Street
Yakima,WA 98901
24. Survival
The foregoing sections of this Contract, 1-23 inclusive, shall survive the expiration or termination of this Contract in
accordance with their terms.
IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA DAY MANAGEMENT CORPORATION
By: - __
City Manager
Date: Date: 12/7/2021
Brent McGraw
Attest: (Print name)
City Clerk
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AGREEMENT
CITY OF YAKIMA
Bid 12132
Upfitting of New Police Vehicles
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima,a Washington municipal
corporation("City"),and Financial Consultants Intl., Inc.("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as
follows:
1. Statement of Work
The Contractor shall perform all work and service(s)and furnish all tools,materials,labor and equipment(collectively
referred to as "Services") according to the procedure outlined in Bid 12132 Upfitting of New Police Vehicles
Specifications which are attached as Exhibit A,and the most recent edition of the ANSI/TIA/EIA and NEC Standards,
all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work
provided under this Contract and every part thereof.
The Contractor shall provide and bear the expense of all equipment;work and labor of any sort whatsoever that may
be required for the transfer of materials and completing the work provided for in this Contract and every part thereof,
except such as are mentioned in the specifications to be furnished by the City of Yakima.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein,which Exhibit
includes the specifications and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the
time and in the manner and upon the conditions provided for the Contract.
3. Contract Term
The period of this Contract shall be for a period of one year from its effective date. The City may,at its option,extend
the Contract on a year to year basis for up to four(4)additional years provided,however,that either party may at any
time during the life of this Contract, or any extension thereof, terminate this Contract by giving thirty(30)days'notice
in writing to the other party of its intention to cancel. Contract extensions shall be automatic, and shall qo into effect
without written confirmation, unless the City provides advance notice of the intention to not renew. Prices shall remain
firm for the first twelve-month period of the Contract.
4. Changes
Any proposed change in this Contract shall be submitted to the other party,for its prior written approval. If approved,
change will be made by a contract modification that will become effective upon execution by the parties hereto.Any
oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid.
5. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to
performance of the Services.Contractor shall not represent that it is,or hold itself out as,an agent or representative of
City. In no event shall Contractor be authorized to enter into any agreement or undertaking for,or on,behalf of City.
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6. Successors and Assigns
Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from
this Contract without the prior written consent of the other.
The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree
to the full performance of all the covenants herein contained upon the part of the Contractor.
7. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and
shall be surrendered to the City upon demand. All information concerning the City and said project which is not
otherwise a matter of public record or required by law to be made public,is confidential,and the Contractor will not,in
whole or part,now or at any time disclose that information without the express written consent of the City.
8. Inspection and Production of Records
The records relating to the Services shall,at all times,be subject to inspection by and with the approval of the City,but
the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility
for performance of the Services in accordance with this Contract,notwithstanding the City's knowledge of defective or
non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient,
safe,and proper facilities,and/or send copies of the requested documents to the City.Contractor's records relating to
the Services will be provided to the City upon the City's request.
Contractor shall promptly furnish the City with such information and records which are related to the Services of this
Contract as may be requested by the City. Until the expiration of six(6)years after final payment of the compensation
payable under this Contract,or for a longer period if required by law or by the Washington Secretary of State's record
retention schedule,Contractor shall retain and provide the City access to(and the City shall have the right to examine,
audit and copy)all of Contractor's books,documents,papers and records which are related to the Services performed
by Contractor under this Contract.
All records relating to Contractor's services under this Contract must be made available to the City, and the records
relating to the Services are City of Yakima/Yakima County records.They must be produced to third parties,if required
pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to
Contractor's services under this Contract must be retained by Contractor for the minimum period of time required
pursuant to the Washington Secretary of State's records retention schedule.
The terms of this section shall survive any expiration or termination of this Contract.
9. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire,and shall be the property
of the City.The City shall own any and all data,documents,plans,copyrights,specifications,working papers,and any
other materials the Contractor produces in connection with this Contract.On completion or termination of the Contract,
the Contractor shall deliver these materials to the City.
10. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year
following the date of completion and acceptance of the Services.
11. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all
applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body,
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whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits,
licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all
charges and fees,and give all notices necessary and incidental to the due and lawful execution of the work.
a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License
and pay all charges,fees,and taxes associated with said license.
b. Contractor must provide proof of a valid Washington State Contractor Registration number.
c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration
number,as required in Title 85 RCW.
d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number.
Contractor must have a current UBI number and not be disqualified from bidding on any public works
contract under RCW 39.06.010 or 39.12.065(3).
e. Contractor must provide proof of a valid Washington Employment Security Department number as
required by Title 50 RCW.
f. Foreign(Non-Washington)Corporations: Although the City does not require foreign corporate proposers
to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and
agreed that any such corporation will promptly take all necessary measures to become authorized to
conduct business in the City of Yakima at their own expense,without regard to whether such corporation
is actually awarded the contract,and in the event that the award is made,prior to conducting any business
in the City.
12. Nondiscrimination
During the performance of this Contract,the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race,creed,color,religion,national origin,
sex,age,marital status,sexual orientation,pregnancy,veteran's status,political affiliation or belief,or the presence of
any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW
chapter 49.60)or the Americans with Disabilities Act(42 USC 12101 et seq.).
This provision shall include but not be limited to the following:employment,upgrading,demotion,transfer,recruitment,
advertising,layoff or termination, rates of pay or other forms of compensation,selection for training,and the provision
of Services under this Agreement.
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such
rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for any future City contracts.
13. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or
property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected
and appointed officials,officers,employees,agents,representatives, insurers,attorneys,and volunteers
from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions,
investigations, and regulatory or other governmental proceedings arising from or in connection with this
Agreement or the acts,failures to act,errors or omissions of the Contractor,or any Contractor's agent or
subcontractor,in performance of this Agreement,except for claims caused by the City's sole negligence.
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The City's right to indemnification includes attorney's fees costs associated with establishing the right to
indemnification hereunder in favor of the City.
b. If any suit,judgment, action, claim or demand arises out of,or occurs in conjunction with,the negligent
acts and/or omissions of both the Contractor and the City,or their elected or appointed officials,officers,
employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its
proportionate share of negligence for any resulting suit,judgment, action, claim, demand, damages or
costs and expenses, including reasonable attorneys'fees.
c. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives
any immunity that may be granted to it under the Washington State industrial insurance act, Title 51
RCW,solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in
any way by any limitation on the amount of damages,compensation or benefits payable to or by any third
party under workers'compensation acts, disability benefit acts or any other benefits acts or programs.
Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by
Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of
this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51
RCW, and assume all potential liability for actions brought by their respective employees. The Parties
acknowledge that they have mutually negotiated this waiver.
d. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability,
including the duty and cost to defend,shall be only to the extent of the Contractor's negligence.
e. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification in any third party.
f. The terms of this Section shall survive any expiration or termination of this Contract.
14. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect
insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses
arising out of or resulting from the performance of this Contract.Contractor shall provide and maintain in force insurance
in limits no less than that stated below,as applicable. The City reserves the right to require higher limits should it deem
it necessary in the best interest of the public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and
outlined herein.A copy of the additional insured endorsement attached to the policy will be included with the certificate.
This Certificate of insurance shall be provided to the City,prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify
a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation
to maintain such insurance.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties,Contractor shall provide the City with a certificate of
insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars
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($2,000,000.00)per occurrence,combined single limit bodily injury and property damage,and Two Million
Dollars($2,000,000.00)general aggregate. If Contractor carries higher coverage limits,such limits shall
be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed
officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such
higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials,
employees,agents,attorneys and volunteers as additional insureds, and shall contain a clause that the
insurer will not cancel or change the insurance without first giving the City prior written notice. The
insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and
admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's
review or acceptance of insurance maintained by Contractor is not intended to and shall not in any
manner limit or qualify the liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties,Contractor shall provide the City with a certificate of
insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars
($2,000,000.00)per occurrence. If Contractor carries higher coverage limits,such limits shall be shown
on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials,
employees,agents,attorneys and volunteers shall be named as additional insureds for such higher limits.
The certificate shall clearly state who the provider is,the coverage amount,the policy number,and when
the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this
Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees,
agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will
not cancel or change the insurance without first giving the City prior written notice. The insurance shall
be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the
State of Washington. The requirements contained herein, as well as City of Yakima's review or
acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or
qualify the liabilities or obligations assumed by Contractor under this contract.The business auto liability
shall include Hired and Non-Owned coverage if necessary.
c. Employer's Liability(Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation,
occupational disease,and occupational health and safety laws,statutes,and regulations to the full extent
applicable, and shall maintain Employer's Liability insurance with a limit of no less than
$1,000,000.00.The City shall not be held responsible in any way for claims filed by Contractor or its
employees for services performed under the terms of this Contract. Contractor agrees to assume full
liability for all claims arising from this Contract including claims resulting from negligent acts of all
subcontractor(s).Contractor is responsible to ensure subcontractor(s)have insurance as needed. Failure
of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or
responsibility.
Commercial General Liability: Combined Single Limit: $2,000,000 Per Occurrence
$2,000,000 Annual Aggregate
Automobile Liability $2,000,000 Per Occurrence
Garage Liability: $1,000,000 Minimum Limit
Garage Keepers Liability: $200,000 Minimum Limit
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Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under
this Contract.Any insurance,self-insurance or insurance pool coverage maintained by the City shall be in excess of
the Contractor's insurance and shall not contribute to it.
If at any time during the life of the Contract,or any extension,Contractor fails to maintain the required insurance in full
force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required
insurance may be sufficient cause for the City to terminate the Contract.
15. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid,
such invalidity shall not affect other terms,conditions or applications which can be given effect without the invalid term,
condition or application.To this end,the terms and conditions of this Contract are declared severable.
16. Contract Documents
This Contract, the Invitation to Bid 12132 Scope of Work, conditions, addenda, and modifications and Contractor's
proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are
complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede
other inconsistent provisions.These Contract Documents are on file in the Office of the Purchasing Manager, 129 No.
2nd St.,Yakima,WA,98901,and are hereby incorporated by reference into this Contract.
17. Termination-Convenience
This Contract may be terminated by either party by giving thirty(30)days written notice of such intent and will become
effective thirty(30)days from the date such written notice is delivered to the applicable party to the Contract.
18. Termination-Cause
The City reserves the right to terminate this Contract at any time,upon written notice,in the event that the Services of
Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions
contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days
after the notice is mailed first class mail,certified with return receipt requested.
19. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics,war,
riot,delay in transportation or railcar transport shortages,provided Contractor notifies the City immediately in writing of
such pending or actual delay. Normally,in the event or any such delays(acts or God,etc.)the date of delivery will be
extended for a period equal to the time lost due to the reason for delay.
20. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
21. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in
Yakima County,Washington.
22. Authority
The person executing this Contract,on behalf of Contractor,represents and warrants that he/she has been fully authorized
by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and
provisions of this Contract.
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23. Notice
Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered
in person or by overnight courier,facsimile or first-class mail,certified with return receipt requested.Notices to the parties
shall be delivered to:
TO CITY: Bob Harrison,City Manager TO CONTRACTOR: Financial Consultants Intl.,Inc.
City of Yakima 4577 SE 140th Street
City Hall—First Floor North Bend,WA 98045-9073
129 North Second Street
Yakima,WA 98901
COPY TO: City of Yakima Purchasing
Christina Payer,Buyer II
City Hall—First Floor
129 North Second Street
Yakima,WA 98901
24. Survival
The foregoing sections of this Contract, 1-23 inclusive, shall survive the expiration or termination of this Contract in
accordance with their terms.
IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA FINANCIAL CONSULTANTS INTL.,INC.
By:
City Manager
Date: Date: /i
Mall\ -&-IF-allakAZ)
Attest: (Print name)
City Clerk
20
AGREEMENT
CITY OF YAKIMA
Bid 12132
Upfitting of New Police Vehicles
THIS AGREEMENT, entered into on the date of last execution, between the City of Yakima,a Washington municipal
corporation("City"),and Financial Consultants Intl., Inc.("Contractor").
WITNESSETH: The parties, in consideration of the terms and conditions herein, do hereby covenant and agree as
follows:
1. Statement of Work
The Contractor shall perform all work and service(s)and furnish all tools,materials,labor and equipment(collectively
referred to as "Services") according to the procedure outlined in Bid 12132 Upfitting of New Police Vehicles
Specifications which are attached as Exhibit A,and the most recent edition of the ANSI/TIA/EIA and NEC Standards,
all of which are incorporated herein by this reference, and shall perform any alterations in or additions to the work
provided under this Contract and every part thereof.
The Contractor shall provide and bear the expense of all equipment;work and labor of any sort whatsoever that may
be required for the transfer of materials and completing the work provided for in this Contract and every part thereof,
except such as are mentioned in the specifications to be furnished by the City of Yakima.
2. Compensation
The City agrees to pay the Contractor according to Exhibit B, attached hereto and incorporated herein,which Exhibit
includes the specifications and payment schedule of itemized prices as listed in the Contractor's Bid submittal at the
time and in the manner and upon the conditions provided for the Contract.
3. Contract Term
The period of this Contract shall be for a period of one year from its effective date. The City may,at its option,extend
the Contract on a year to year basis for up to four(4)additional years provided,however,that either party may at any
time during the life of this Contract, or any extension thereof, terminate this Contract by giving thirty(30)days'notice
in writing to the other party of its intention to cancel. Contract extensions shall be automatic, and shall qo into effect
without written confirmation, unless the City provides advance notice of the intention to not renew. Prices shall remain
firm for the first twelve-month period of the Contract.
4. Changes
Any proposed change in this Contract shall be submitted to the other party,for its prior written approval. If approved,
change will be made by a contract modification that will become effective upon execution by the parties hereto.Any
oral statement or representation changing any of these terms or conditions is specifically unauthorized and is not valid.
5. Agency Relationship between City and Contractor
Contractor shall, at all times, be an independent Contractor and not an agent or representative of City with regard to
performance of the Services.Contractor shall not represent that it is,or hold itself out as,an agent or representative of
City. In no event shall Contractor be authorized to enter into any agreement or undertaking for,or on,behalf of City.
21
6. Successors and Assigns
Neither the City, nor the Contractor, shall assign, transfer, or encumber any rights, duties, or interests accruing from
this Contract without the prior written consent of the other.
The Contractor for himself, and for his heirs, executors, administrators, successors, and assigns, does hereby agree
to the full performance of all the covenants herein contained upon the part of the Contractor.
7. Property Rights
All records or papers of any sort relating to the City and to the project will at all times be the property of the City and
shall be surrendered to the City upon demand. All information concerning the City and said project which is not
otherwise a matter of public record or required by law to be made public,is confidential,and the Contractor will not,in
whole or part,now or at any time disclose that information without the express written consent of the City.
8. Inspection and Production of Records
The records relating to the Services shall,at all times,be subject to inspection by and with the approval of the City,but
the making of(or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility
for performance of the Services in accordance with this Contract,notwithstanding the City's knowledge of defective or
non-complying performance, its substantiality or the ease of its discovery. Contractor shall provide the City sufficient,
safe,and proper facilities,and/or send copies of the requested documents to the City.Contractor's records relating to
the Services will be provided to the City upon the City's request.
Contractor shall promptly furnish the City with such information and records which are related to the Services of this
Contract as may be requested by the City. Until the expiration of six(6)years after final payment of the compensation
payable under this Contract,or for a longer period if required by law or by the Washington Secretary of State's record
retention schedule,Contractor shall retain and provide the City access to(and the City shall have the right to examine,
audit and copy)all of Contractor's books,documents,papers and records which are related to the Services performed
by Contractor under this Contract.
All records relating to Contractor's services under this Contract must be made available to the City, and the records
relating to the Services are City of Yakima/Yakima County records.They must be produced to third parties,if required
pursuant to the Washington State Public Records Act, Chapter 42.56 RCW, or by law. All records relating to
Contractor's services under this Contract must be retained by Contractor for the minimum period of time required
pursuant to the Washington Secretary of State's records retention schedule.
The terms of this section shall survive any expiration or termination of this Contract.
9. Work Made for Hire
All work the Contractor performs under this Contract shall be considered work made for hire,and shall be the property
of the City.The City shall own any and all data,documents,plans,copyrights,specifications,working papers,and any
other materials the Contractor produces in connection with this Contract.On completion or termination of the Contract,
the Contractor shall deliver these materials to the City.
10. Guarantee
Contractor warrants the Services will be free from defects in material and workmanship for a period of one year
following the date of completion and acceptance of the Services.
11. Compliance with Law
Contractor agrees to perform all Services under and pursuant to this Contract in full compliance with any and all
applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body,
22
whether federal, state, local, or otherwise. Contractor shall procure and have all applicable and necessary permits,
licenses and approvals of any federal, state, and local government or governmental authority or this project, pay all
charges and fees,and give all notices necessary and incidental to the due and lawful execution of the work.
a. Procurement of a City Business License. Contractor must procure a City of Yakima Business License
and pay all charges,fees,and taxes associated with said license.
b. Contractor must provide proof of a valid Washington State Contractor Registration number.
c. Contractor must provide proof of a valid Washington department of Revenue state excise tax registration
number,as required in Title 85 RCW.
d. Contractor must provide proof of a valid Washington Unified Business Identification (UBI) number.
Contractor must have a current UBI number and not be disqualified from bidding on any public works
contract under RCW 39.06.010 or 39.12.065(3).
e. Contractor must provide proof of a valid Washington Employment Security Department number as
required by Title 50 RCW.
f. Foreign(Non-Washington)Corporations: Although the City does not require foreign corporate proposers
to qualify in the City, County or State prior to submitting a proposal, it is specifically understood and
agreed that any such corporation will promptly take all necessary measures to become authorized to
conduct business in the City of Yakima at their own expense,without regard to whether such corporation
is actually awarded the contract,and in the event that the award is made,prior to conducting any business
in the City.
12. Nondiscrimination
During the performance of this Contract,the Contractor agrees as follows:
The Contractor shall not discriminate against any person on the grounds of race,creed,color,religion,national origin,
sex,age,marital status,sexual orientation,pregnancy,veteran's status,political affiliation or belief,or the presence of
any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW
chapter 49.60)or the Americans with Disabilities Act(42 USC 12101 et seq.).
This provision shall include but not be limited to the following:employment,upgrading,demotion,transfer,recruitment,
advertising,layoff or termination, rates of pay or other forms of compensation,selection for training,and the provision
of Services under this Agreement.
In the event of the Contractor's noncompliance with the non-discrimination clause of this contract or with any such
rules, regulations, or orders, this Contract may be cancelled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for any future City contracts.
13. Indemnification and Hold Harmless
a. Contractor shall take all necessary precautions in performing the Services to prevent injury to persons or
property. The Contractor agrees to release, indemnify, defend, and hold harmless the City, its elected
and appointed officials,officers,employees,agents,representatives, insurers,attorneys,and volunteers
from all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions,
investigations, and regulatory or other governmental proceedings arising from or in connection with this
Agreement or the acts,failures to act,errors or omissions of the Contractor,or any Contractor's agent or
subcontractor,in performance of this Agreement,except for claims caused by the City's sole negligence.
23
The City's right to indemnification includes attorney's fees costs associated with establishing the right to
indemnification hereunder in favor of the City.
b. If any suit,judgment, action, claim or demand arises out of,or occurs in conjunction with,the negligent
acts and/or omissions of both the Contractor and the City,or their elected or appointed officials,officers,
employees, agents, attorneys or volunteers, pursuant to this Contract, each party shall be liable for its
proportionate share of negligence for any resulting suit,judgment, action, claim, demand, damages or
costs and expenses, including reasonable attorneys'fees.
c. Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives
any immunity that may be granted to it under the Washington State industrial insurance act, Title 51
RCW,solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in
any way by any limitation on the amount of damages,compensation or benefits payable to or by any third
party under workers'compensation acts, disability benefit acts or any other benefits acts or programs.
Contractor shall require that its subcontractors, and anyone directly or indirectly employed or hired by
Contractor, and anyone for whose acts Contractor may be liable in connection with its performance of
this Agreement, comply with the terms of this paragraph, waive any immunity granted under Title 51
RCW, and assume all potential liability for actions brought by their respective employees. The Parties
acknowledge that they have mutually negotiated this waiver.
d. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115,then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Contractor and the City, the Contractor's liability,
including the duty and cost to defend,shall be only to the extent of the Contractor's negligence.
e. Nothing contained in this Section or this Contract shall be construed to create a liability or a right of
indemnification in any third party.
f. The terms of this Section shall survive any expiration or termination of this Contract.
14. Contractor's Liability Insurance
At all times during performance of the Services and this Contract, Contractor shall secure and maintain in effect
insurance to protect the City and Contractor from and against any and all claims, damages, losses, and expenses
arising out of or resulting from the performance of this Contract.Contractor shall provide and maintain in force insurance
in limits no less than that stated below,as applicable. The City reserves the right to require higher limits should it deem
it necessary in the best interest of the public.
Contractor will provide a Certificate of Insurance to the City as evidence of coverage for each of the policies and
outlined herein.A copy of the additional insured endorsement attached to the policy will be included with the certificate.
This Certificate of insurance shall be provided to the City,prior to commencement of work.
Failure of City to demand such verification of coverage with these insurance requirements or failure of City to identify
a deficiency from the insurance documentation provided shall not be construed as a waiver of Contractor's obligation
to maintain such insurance.
The following insurance is required:
a. Commercial Liability Insurance
Before this Contract is fully executed by the parties,Contractor shall provide the City with a certificate of
insurance as proof of commercial liability insurance with a minimum liability limit of Two Million Dollars
24
($2,000,000.00)per occurrence,combined single limit bodily injury and property damage,and Two Million
Dollars($2,000,000.00)general aggregate. If Contractor carries higher coverage limits,such limits shall
be shown on the Certificate of Insurance and Endorsements and the City, its elected and appointed
officials, employees, agents, attorneys and volunteers shall be named as additional insureds for such
higher limits. The certificate shall clearly state who the provider is, the coverage amount, the policy
number, and when the policy and provisions provided are in effect. Said policy shall be in effect for the
duration of this Contract. The policy shall name the City of Yakima, its elected and appointed officials,
employees,agents,attorneys and volunteers as additional insureds, and shall contain a clause that the
insurer will not cancel or change the insurance without first giving the City prior written notice. The
insurance shall be with an insurance company or companies rated A-VII or higher in Best's Guide and
admitted in the State of Washington. The requirements contained herein, as well as City of Yakima's
review or acceptance of insurance maintained by Contractor is not intended to and shall not in any
manner limit or qualify the liabilities or obligations assumed by Contractor under this contract.
b. Automobile Liability Insurance
Before this Contract is fully executed by the parties,Contractor shall provide the City with a certificate of
insurance as proof of automobile liability insurance with a minimum liability limit of Two Million Dollars
($2,000,000.00)per occurrence. If Contractor carries higher coverage limits,such limits shall be shown
on the Certificate of Insurance and Endorsements and the City, its elected and appointed officials,
employees,agents,attorneys and volunteers shall be named as additional insureds for such higher limits.
The certificate shall clearly state who the provider is,the coverage amount,the policy number,and when
the policy and provisions provided are in effect. Said policy shall be in effect for the duration of this
Contract. The policy shall name the City of Yakima, its elected and appointed officials, employees,
agents, attorneys and volunteers as additional insureds, and shall contain a clause that the insurer will
not cancel or change the insurance without first giving the City prior written notice. The insurance shall
be with an insurance company or companies rated A-VII or higher in Best's Guide and admitted in the
State of Washington. The requirements contained herein, as well as City of Yakima's review or
acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or
qualify the liabilities or obligations assumed by Contractor under this contract.The business auto liability
shall include Hired and Non-Owned coverage if necessary.
c. Employer's Liability(Stop Gap)
Contractor and all subcontractor(s) shall at all times comply with all applicable workers' compensation,
occupational disease,and occupational health and safety laws,statutes,and regulations to the full extent
applicable, and shall maintain Employer's Liability insurance with a limit of no less than
$1,000,000.00.The City shall not be held responsible in any way for claims filed by Contractor or its
employees for services performed under the terms of this Contract. Contractor agrees to assume full
liability for all claims arising from this Contract including claims resulting from negligent acts of all
subcontractor(s).Contractor is responsible to ensure subcontractor(s)have insurance as needed. Failure
of subcontractors(s) to comply with insurance requirements does not limit Contractor's liability or
responsibility.
Commercial General Liability: Combined Single Limit: $2,000,000 Per Occurrence
$2,000,000 Annual Aggregate
Automobile Liability $2,000,000 Per Occurrence
Garage Liability: $1,000,000 Minimum Limit
Garage Keepers Liability: $200,000 Minimum Limit
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Contractor's insurance coverage shall be primary insurance with respect to those who are Additional Insureds under
this Contract.Any insurance,self-insurance or insurance pool coverage maintained by the City shall be in excess of
the Contractor's insurance and shall not contribute to it.
If at any time during the life of the Contract,or any extension,Contractor fails to maintain the required insurance in full
force and effect, all work under the contract shall be discontinued immediately. Any failure to maintain the required
insurance may be sufficient cause for the City to terminate the Contract.
15. Severability
If any term or condition of this Contract or the application thereof to any person(s) or circumstances is held invalid,
such invalidity shall not affect other terms,conditions or applications which can be given effect without the invalid term,
condition or application.To this end,the terms and conditions of this Contract are declared severable.
16. Contract Documents
This Contract, the Invitation to Bid 12132 Scope of Work, conditions, addenda, and modifications and Contractor's
proposal (to the extent consistent with City of Yakima documents) constitute the Contract Documents and are
complementary. Specific Federal and State laws and the terms of this Contract, in that order respectively, supersede
other inconsistent provisions.These Contract Documents are on file in the Office of the Purchasing Manager, 129 No.
2nd St.,Yakima,WA,98901,and are hereby incorporated by reference into this Contract.
17. Termination-Convenience
This Contract may be terminated by either party by giving thirty(30)days written notice of such intent and will become
effective thirty(30)days from the date such written notice is delivered to the applicable party to the Contract.
18. Termination-Cause
The City reserves the right to terminate this Contract at any time,upon written notice,in the event that the Services of
Contractor are deemed by the City to be unsatisfactory, or upon failure to perform any of the terms and conditions
contained in this Contract. The effective date for such termination shall be upon receipt of the notice, or three days
after the notice is mailed first class mail,certified with return receipt requested.
19. Force Majeure
Contractor will not be responsible for delays in delivery due to acts of God, fire, strikes, epidemics/pandemics,war,
riot,delay in transportation or railcar transport shortages,provided Contractor notifies the City immediately in writing of
such pending or actual delay. Normally,in the event or any such delays(acts or God,etc.)the date of delivery will be
extended for a period equal to the time lost due to the reason for delay.
20. Governing Law
This Contract shall be governed by and construed in accordance with the laws of the State of Washington.
21. Venue
The venue for any judicial action to enforce or interpret this Contract shall lie in a court of competent jurisdiction in
Yakima County,Washington.
22. Authority
The person executing this Contract,on behalf of Contractor,represents and warrants that he/she has been fully authorized
by Contractor to execute this Contract on its behalf and to legally bind Contractor to all the terms, performances and
provisions of this Contract.
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23. Notice
Any notice required or permitted to be given under this Contract shall be in writing and deemed effective if either delivered
in person or by overnight courier,facsimile or first-class mail,certified with return receipt requested.Notices to the parties
shall be delivered to:
TO CITY: Bob Harrison,City Manager TO CONTRACTOR: Financial Consultants Intl.,Inc.
City of Yakima 4577 SE 140th Street
City Hall—First Floor North Bend,WA 98045-9073
129 North Second Street
Yakima,WA 98901
COPY TO: City of Yakima Purchasing
Christina Payer,Buyer II
City Hall—First Floor
129 North Second Street
Yakima,WA 98901
24. Survival
The foregoing sections of this Contract, 1-23 inclusive, shall survive the expiration or termination of this Contract in
accordance with their terms.
IN WITNESS WHEREOF,the parties hereto execute this Contract as of the day and year first above written.
CITY OF YAKIMA FINANCIAL CONSULTANTS INTL.,INC.
By:
City Manager
Date: Date: /i
Mall\ -&-IF-allakAZ)
Attest: (Print name)
City Clerk
27
VII. BID FORM
INVITATION TO BID NO. 12132
TO BIDDER:
PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING.
THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID.
THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY(90)CALENDAR DAYS.
Quote your lowest price for the following:
SCHEDULE 1—STANDARD PATROL VEHICLES
Item Description Qty. Price Total Price
No. Per Unit (without tax)
1. Labor to upfit 2022 Ford Police 51 $ 3,995.00 $ 203,745.00
Interceptor Utility vehicles with
supplied parts.
Contractor to supply shop supplies.
Estimated time to complete each
vehicle: 3 days
SCHEDULE 2—SUPERVISOR PATROL VEHICLES
2. Labor to upfit 2022 Ford Police 4 $ 3,995.00 $ 15,980.00
Interceptor Utility vehicle with
supplied parts.
Contractor to supply shop supplies.
Estimated time to complete each
vehicle: 3 days
Sub Total: $
219,725.00
WA State Sales Tax—Destination Based @ 8.3%:
18,237.18
Total: $
237,962.18
Build Time: We/I will complete each vehicle upfit within 3 days from receipt of order.
Completion: How many vehicles can be completed within a 90 day period? 55
List discount offered off of any other items or services not specifically listed: % 10%
Check one: DiscountX or Markup❑
Work will be guaranteed for 3 years or 36,000 miles from defects in materials or workmanship.
(3 years or 36,000 miles,or greater, is required).
12132 Upfitting of New Police Vehicles Page 16 of 28
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VII. BID FORM
INVITATION TO BID NO. 12132
TO BIDDER:
PLEASE QUOTE YOUR LOWEST PRICE, BEST DELIVERY DATE AND PAYMENT DISCOUNT TERMS FOR THE FOLLOWING.
THE CITY RESERVES THE RIGHT TO REJECT ANY OR ALL BIDS AND TO ACCEPT ANY OR ALL ITEMS AT THE PRICE BID.
THE CITY INTENDS TO AWARD THIS CONTRACT WITHIN NINETY(90)CALENDAR DAYS.
Quote your lowest price for the following:
SCHEDULE 1—STANDARD PATROL VEHICLES
Item Description Qty. Price Total Price
No. Per Unit (without tax)
1. Labor to upfit 2022 Ford Police 51 $3,700.00_ $188,700.00
Interceptor Utility vehicles with
supplied parts.
Contractor to supply shop supplies.
Estimated time to complete each
vehicle: 34 hours
SCHEDULE 2—SUPERVISOR PATROL VEHICLES
2. Labor to upfit 2022 Ford Police 4 $3,500.00 $14,000.00
Interceptor Utility vehicle with
supplied parts.
Contractor to supply shop supplies.
Estimated time to complete each
vehicle: 32 hours
•
Sub Total: $202,700
WA State Sales Tax—Destination Based @ 8.3%: $16,824.10
Total: $219,524.10
Build Time: We/I will complete each vehicle upfit within days from receipt of order. 2 cars/week
Completion: How many vehicles can be completed within a 90 day period? 25
List discount offered off of any other items or services not specifically listed: %
Check one: Discount❑or Markup❑
Work will be guaranteed for_3years or 36,000 miles from defects in materials or workmanship.
(3 years or 36,000 miles, or greater, is required).
12132 Upfitting of New Police Vehicles Page 16 of 28