HomeMy WebLinkAboutproposal requestNOV-01-2001 12:14 '"URUIUALINK CORP.
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CITY OF SAN DIEGO
PURCHASING DIVISION
I200 Third Avenue, Suite 200
Sul Diego, CA 92101.4195
REQUEST FOR PROPOSAL
Proposal No. 4318-01-Y RFP
Due Date: June 28, 2001
Time: 4:00 p.m.
Subject: Furnishing the Ciry of San Diego with FIFTY (50) AUTOMATIC EXTERNAL DEFIBRILLATORS (AED), for a a
period of one (1) year beginning on date of execution of contract to one (1) year thereafter, with options to renew for four (4)
additional one (1) year periods.
PRE -PROPOSAL CONFERENCE • SEE PAGE 5 FOR DETAIL.
THE FOLLOWING SECTION MUST BE COMPLETED IN ORDER FOR YOUR PROPOSAL TO BE CONSIDERED.
If your firm is not located in California, are you authorized to collect California sales tax? _,, YES NO
If YES, under what Permit IF_
NOTE: The City of San Diego is subject to State Sales and Usc Tax, but is exempt from Federal Excise Tax and will furnish exemption
certificates upon request. DO NOT include Federal Excise or Sales Tax in your proposal.
If you are a Vendor located in the City of San Diego, a 1% sales tax refund to the City will be considered in evaluation of your proposal.
Cash discount terms 0,4 days. (Terms of leas than 20 days will be considered as net for proposal evaluation purposes.
IF NO ACCEPTABLE CASH DISCOUNT TERMS ARE OFFERED, TERMS SHALL BE NET 30 DAYS,)
State delivery time required: days after receipt of order.
For further information concerning this proposal, please contact Company
NATAL1E ETHRIDGE/stj, Procurement Specialist, •
Federal Tax I.D. No.
at (619) 236.6088
e-mail: NYEQsdcity.sannet.gov Street Address
GUARANTEE OF GOOD FAITH REQUIRED: City
5 State zip Code
(Failure so submit guarantee of good faith, when required, will Fax No.
void the bid. See Paragraph 3, General Provisions) Tel. No.
•authorized Slgnatury
Name
°Signature
Title
Date
PRINT 011 TYPE
The signer declares under penalty of perjury that she/he is authorized to sign this document and bind the
company nr erganlzadou to the terms of this agreement.
may—r./a--4414u ice • i 4 •UPV I VHL I NK LIMN.
612 939 4191 P.03/52
Proposal No. 4318-01-Y•RFP
TABLE OF CONTENTS
BMA
L Introduction 4
II. Municipal Marketing Partnership Program . 4-5
111. Pre -Proposal Conference 5
N. Award .. 5
V. Award Notification 6
VI. Proposal Requirements 6
A. Identification of the Proposer 6
B. Delivery 6
C. Pricing 7
D. Municipal Marketing Partnership Program 7
E. Proposal Submittal - 7
V II. Questions and Comments 8
VIII. General Conditions 8
A. Addenda 8
B. Option to Renew Contract 8.9
C. Price Adjustment Clause - Option Periods 9
D. Request for Taxpayer Identification Number . 9
E. Quantities 10
F. Public Agency Clause 10
G. Exceptions 10
H. Assignment of Contract 10
1. Americans with Disabilities Act 10
J. Equal Employment Opportunity 11
IC Non -Discrimination in Contracting 11-12
L. Audit and Inspection of Records 12
I.X. Service Requirements 12
A. Warranties 12
B. Compliance with the Law 12
C. Changes 13
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Proposal No. 43 t8.01-Y-RFP
TABLE OF CONTENTS (cont.)
X. Specifications for the Automatic External Defibrillator 14-16
XL General Provisions 17.31
XII. Submittals 32-34
A. Drug -Free Workplace and Contractor Certificate35
B. Proposers References
In addition to the above, proposers must also include the following:
• Four (4) copies of complete specification for each item proposed.
• Statement of Qualifications.
Failure to provide the submittals listed above with the proposal inay be cause for rejection
of the proposal as non -responsive.
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Proposal No. 43 18.O t •Y•RFP
PRICING PAGE
QTY/UNIT DESC TIO_N UNIT COST EXTEM1ON
50 each Automatic External Defibrillators (AED) S S
I. INTRODUCTION
The City of San Diego is seeking proposals to furnish fifty (50) Automatic External
Defibrillators (AED) for the San Diego Fire and Life Safety Services (SDF & LSS). In
addition, this proposal may be utilized by other educational and governmental agencies in
the San Diego region.
This Request for Proposal (RFP) is issued in conjunction with the City of San Diego's
Municipal Marketing Partnership Program (MMPP). See below for details. The MMPP
is applicable only to the City of San Diego.
1I. MUNICIPAL MARKETING PARTN)rRSHIP PROGRAM
The City of San Diego's MMPP seeks opportunities for the City to generate revenue froze,
partnerships with the corporate community. The City defines a "marketing partnership"
as a mutually beneficial business arrangement between the City and a third person,
wherein the third person provides cash and/or in -kind services and/or a discount for
goods and services to the City in return for access to the commercial marketing potential
associated with the City. Vendors responding to this RFP are encouraged to consider the
benefits of entering into a marketing partnership with the City. Examples of such
marketing benefits, but are not limited to:
• Branding on the AED units placed in public facilities.
• Branding on all promotional and training materials produced for the Public Access
Defibrillator (PAD) program.
• Corporate signage at training programs.
• Participation in a San Diego cable television programming on the PAD program
which will air to 240,000 households.
• Participation in a University of California -San Diego cable television program on the
PAD Program which will air nationwide.
• Sponsor recognition on the City's website which received over 1.5 million visitors per
month.
Participation in a collaborative public relations campaign with other organization
partners including the American Heart Association and the American Red Cross.
Participation in Fire and Life Safety Services community events.
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Proposal No. 43 18 A I-Y-R.FP
The development of a meaningful marketing partnership will be based upon the unique
marketing needs and business strategies of interested participants.
If you are interested in discussing the potential for a Marketing Partnership with the City,
you must submit a Statement of interest within your response to this Request for
Proposal. Your statement of interest is an indication that you are interested in meeting
with representatives of the City to discuss the potential for a Marketing Partnership with
the City.
The Statement of interest can be limited to the following: "I am interested in discussing
the potential for a Marketing Partnership between the City of San Diego and my
company." You are encouraged, but not required, to include any preliminary ideas,
suggestions, benefits desired, related sponsorships or other information regarding your
company's sponsorship experience at the time you submit your Statement of Interest.
111. ?RE-pRPPOSAL CONFERENCE
A Pre -Proposal Conference will be held with interested companies on Thursday,
June 14, 2001, at 10:00 a.m. at the Executive Complex, 1010 Second Avenue , 4th Floor,
Training Room, San Diego, CA 92101. The purpose of the Pre -Proposal Conference
will be to review, in detail, the proposed contract intent, requirements, administration and
other relevant information. information and details of the MMPP will be described at this
conference. Vendors are encouraged to have a marketing representative attend the Prc-
Proposal Conference. Interested vendors are strongly urged to attend this
Pre -Proposal Conference.
IV. AWARD
Award will be based upon an evaluation of the qualifications and experience of the
proposer, the technical aspects of the proposal, feasibility of the proposal and other
criteria which may be in the best interest of the City of San Diego.
Finalist vendors interested in the City's Municipal Marketing Partnership Program will
meet with the MMPP evaluation team to explore the opportunities for a marketing
partnership. Following discussions on the MMPP, finalist vendors may be requested to
supplemental proposal with respect to MMPP. A separate award for the MMPP will be
based upon the winning vendor's interest in the MMPP, and the appropriateness of the
selected vendor as a marketing partner of the City. The Marketing Partnership
Agreement will be subject to review and approval by the San Diego City Council.
Award will be made based upon cost and other criteria, and the City and/or other
Agencies are under no obligation to make awards based solely upon cost.
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Proposal No. 431 8-01•Y•R.FP
V. AWARD NOTIFICATION
All participants shall receive a written notice of the intent of the City to recommend an
award.
VL PROPOSAL REQIJI.EMENTS
For purposes of ensuring that all information is received and reviewed, it is requested that
all respondents to this Request for Proposal (RPP) submit their information using the
following uniform format:
A. Identification of the Proposer
1. Legal name of address of proposer.
2. Legal form of proposer (partnership, corporation, joint venture, etc.) If joint
venture, identify the members of the joint venture and provide all information
required wider this section for each member.
3. If proposer is a wholly owned subsidiary of a `parent company," identify the
"parent company."
4. Name, title, address, telephone number, and fax number of the person to contact
concerning the submittal.
B. QLIVERY
The AED and all related equipment shall be delivered to San Diego Fire & Life Safety
Services, Emergency Medical Services Division, 1010 Second Avenue, Suite 300.
San Diego, CA 92101. Contact the PAD Program Coordinator for deliveries at
(619) 533-4316. _
SDF & LSS reserves the right to refuse the AED, in part or whole, or any of the
related equipment that fails to meet these specifications. Any rejected equipment may
be retrieved from SDF &. LSS at the vendor's expense.
The PAD Program Coordinator will coordinate all equipment deliveries and maintain
all equipment inventory and maintenance records. Upon delivery to SDF & LSS, the
PAD Program Coordinator will coordinate delivery to the specific City department,
provide training for the equipment and develop an ongoing training schedule.
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Proposal No. 43 18-Ot.Y•RFP
C. PRICING
Proposer must provide pricing based on the estimated usage as indicated on Page 4
within the RFP.
Will Proposer provide additional discounts for quantities breakdown of fifty (50) or
more?
YES NO
51- 100 units
101- 150 units
151 - 200 units
rnore than 200 units
% discount per unit
% discount per unit
% discount per unit
% discount per unit
D. MINCIPAL MARK TTNJG p4 RTN1rRSHIP PROGRA1
1. If you are interested in discussing the potential for a Marketing Partnership with
the City, you must submit a Statement of Interest within your response to this
Request for Proposal. Your Statement of Interest is an indication that you are
interested in meeting with representatives of the City to discuss the potential for a
Marketing Partnership with the City.
2. The Statement of Interest can be limited to the following: "I am interested in
discussing the potential for a Marketing Partnership between the City of San
Diego and my company." You are encouraged, but not required, to include any
preliminary ideas, suggestions, benefits desired, related sponsorships or other
information regarding your company's sponsorship experience at the time you
submit your Statement of Interest."
E. PROPOSAL SUBMITTAL
Four (4) copies of submittal information shall be delivered to the address noted below
on or before 4:00 p.m., Thursday, June 28, 2001.
City of San Diego, Purchasing Division
Attention: Natalie Ethridge, Procurement Specialist
1200 Third Avenue, Suite 200
San Diego, CA 92101
(619) 236-6088 (Phone)
(619) 236-5904 (Fax)
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Proposal No. 4318.O1.Y•RFP
Vll. QUESTIONS AND OJ(MENTS
Questions and comments regarding this RFP must be submitted in writing to the address
above or faxed to (619) 236-5904, no later than 4:00 p.m. on Thursday, June 18, 2001.
All questions received in writing and from the Pre -Proposal Conference shall be
answered in writing and sent to all vendors who attend the Pre -Proposal Conference.
VIII. GENERAL CONDITIONS
A. ADDENDA,
It is the bidders responsibility to ensure they have incorporated all addenda. The
following addenda are acknowledged and incorporated in this submittal
Failure to acknowledge and incorporate addenda will not relieve the bidder of the
responsibility to meet allterins and conditions of the specifications for price bid.
B. OPTION TO RENEW
The City may desire to exercise an option to renew the contract for film(A) additional
one (1) year periods under the terms and conditions herein stated beginning on the
anniversary of the commencement of contract. The renewal is contingent on a mutual
agreement between the City and the Contractor with such agreement to be confumcd
si (§g) days prior to the expiration of the contract period. Either the City or the
Contractor may decline to confirm the renewal of the contract for any reason
whatsoever, and such declination would render the renewal option mill and void.
ANY OPTION ACCEPTANCE MUST BE CONFIRMED BY THE CITY, IN
WRITING, BEFORE IT BECOMES VALID. THE CITY'S INITIAL LETTER
OFFERING THE BIDDER AN OPPORTUNITY TO RENEW THE
CONTRACT DOES NOT CONSTITUTE AN AWARD OF THE OPTION
PERIOD.
Would the proposer accept the option to renew, subject to the above stated
conditions?
YES NO
If proposer would accept the option to renew, please indicate below the maximum
percentage increase to which the prices in effect at the end of the current contract year
would be subject if the renewal options were exercised.
Proposer stipulates that any proposed option year increase will not exceed _% of
the prices in effect at the end of the current contract year.
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Proposal No. 4318-01-Y-R.FP
Failure to complete the price increase section above will be construed to mean that
prices bid will not be increased during any option period. If an increase is
requested, the bidder must provide detailed supporting documentation to justify
the requested increase. The requested increase will be evaluated by the City,
and the City reserves the right to accept or reject.
The above section is for information only and will not be evaluated in the
recommendation for award. The award will be based on the initial year contract
period only, and not on the option period, if any.
C. ?RICE ADJUSLTMENT CLAUSE - OPTION PERIOD4
(Applicable only when the bidder has stipulated above that bid prices are not firm for
option periods.)
lithe manufacturer makes general increases to the trade in the price of the product,
any such increases in price made effective by the manufacturer prior to date of
shipment may be added to the price quoted by the bidder to the City after bidder's first
giving thirty (30) days'notice of such increase to the City and furnishing the City with
copies of notice of price advance to the trade, showing dates of such price advances;
provided, however, that any increases allowed under above conditions shall not in •
total sum exceed the percentage(s) quoted by the bidder in the applicable section(s) on
these pages, and provided further that any decrease in price made effective prior to
delivery shall be allowed to the City and that the City shall be allowed to cancel the
contract if price increases are unacceptable to the City. The vendor shall have the
responsibility to notify the Purchasing Agent of the City of San Diego of any such
decline in prices.
D. Rt OUST FOR TAXPAYER IDENTIFICATION NUMBIX,
C.R.S. regulations require the City of San Diego to have the correct name, address, and
Taxpayer Identification Number (TIN) or Social Security Number (SSN) on file for
businesses or persons who provide services or products to the City of San Diego.
This information is necessary to complete Form 1099 at the end of each tax year.
In order to comply with I.R.S. regulations, the City of San Diego requires each vendor
to provide a Form W-9 prior to award of contract. Failure to provide a completed
Form W-9 within three (3) business days of the City request may result in a bid
being declared non -responsive and rejected.
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Proposal No. 43 l 8.o I-Y-RFP
E. QUANTITIES
Quantities shown are estimates only. The City reserves the right to purchase more or
less as need dictates. Successful proposer agrees to waive any differences, whether
more or less, between estimated quantities and quantities actually ordered. The City
shall not be obligated to purchase supplier's excess inventory of any item if actual
purchases vary from estimates.
F. PUBLIC AGENCY
It is intended that any other public agency (e.g., City, County, district, public
authority, public agency, municipal utility and other political subdivision or public
corporation of California located in San Diego County) shall have the option to
participate in any award made as a result of this solicitation. The City of San Diego
shall incur no financial responsibility in connection with any purchase by another
public agency. The public agency shall accept sole responsibility for placing orders
and making payments to the vendor. Option shall not be considered in proposal
evaluation. State whether said option is granted.
YES NO
G. EXCEPTIONS
If a proposer takes exception to any part of these specifications as written, or as
amended by any Addenda subsequently issued, or the General Provisions, they must
do so in writing. Said exceptions must be submitted with the proposal. Failure to do
so will be construed as acceptance of 311 items of the specifications and General
Provisions
H. AdIQNMENTOF CONTRACT
Contractor shall not assign this contract, or any right or interest hereunder, without
prior written consent of the City.
I. AMERICANS WITHDISABiLITIES ACT
Every person or organization awarded a contract, lease, or grant by the City of San
Diego acknowledges and agrees that they are aware of and will comply with Council
Policy 100-04, adopted by Resolution No. 282153 relating to the Federally mandated
Americans with Disabilities Act (ADA). Contractors and Subcontractors will be
individually responsible for their own ADA program.
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Proposal No. 4318-01-Y-RFP
J. EQJAL_EMPLQYMENT OPPQBIUNrrY
Contractor shall not discriminate against any employee or applicant for employment
on any bans prohibited by law. Contractor shall provide equal opportunity in all
employment practices. Contractor shall also ensure that their Subcontractors comply
with the City's Equal Employment Opportunity Program. Contractor agrees to be
bound by the City Of San Diego Equal Opportunity Ordinance (Municipal Code
Chapter Il, Article 2, Division 27).
Contractor shall submit a Work Force Report with their proposal. An Equal
Employment Opportunity Plan may be requested, and must be submitted within five
(5) days of being notified by the City.
For questions regarding the City's Equal Employment Opportunity Program, contact
the Equal Opportunity Contracting Office at (619) 533-4464.
K. NONDCSQRI NATION IN CONTRACTING
Contractor shall not discriminate on the basis of race, gender, religion, national origin,.
ethnicity, sexual orientation, age, or disability in the solicitation, selection, hiring or
treatment of subcontractors, vendors or suppliers. Contractor shall provide equal
opportunity for subcontractors to participate in subcontracting opportunities.
Contractor understands and agrees that violation of this clause shall be considered a
material breach of the contract and may result in contract termination, debarment, or
other sanctions, This language shall also be included in construction contracts
between the contractor and any subcontractors, vendors, and suppliers.
As part of its proposal, Proposer shall provide to the City a list of all instances within
the past ten. (10) years where a complaint was filed or pending against Proposer in a
legal or administrative proceeding alleging that Proposer discriminated against its
employees, subcontractors, vendors, or suppliers, and a description of the status or
resolution of that complaint, including any remedial action taken.
Upon the City's request, Contractor agrees to provide to the City, within sixty (60)
calendar days, a truthful and complete list of names of all subcontractors, vendors,
and suppliers that Contractor has used in the past five (5) years on any of its contracts
that were undertaken within San Diego County, including the total dollar amount paid
by contractor for each subcontract or supply contract. Contractor further agrees to
fully cooperate in any investigation conducted by the City pursuant to the City's
Nondiscrimination in Contracting Ordinance (Municipal Code Sections 22.3401 -
22.3417). Contractor understands and agrees that violation of this clause shall be
considered a material breach of the contract and may result in remedies being ordered
against the contractor up to and including contract termination, debarment, and other
sanctions for violation of the provisions of the Nondiscrimination in Contracting
Ordinance. Contractor further understands and agrees that the procedures, remedies,
and sanctions provided for in the Nondiscrimination Ordinance apply only to
violations of said Nondiscrimination Ordinance.
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Proposal No. 4318-01-Y-RFP
For questions regarding the City's Nondiscrimination in Contracting Ordinance,
contact the Equal Opportunity Contracting Office at (619) 533-4464.
L. / QUIT AND INSPEC,1ION QFIECQRDS
The Contractor, and any Subcontractors, shall make available upon request all records
which in the opinion of the City Auditor are necessary to conduct an audit of this
contract. Such records may include invoices, materials, payrolls, personnel records,
and other data relating to all matters covered by this contract. The Contractor and
Subcontractors shall retain such data and records for a period of not less than three (3)
years following receipt of final payment. The Contractor shall make available all
requested data and records at reasonable locations within the City or County of San
Diego, at any time during normal business hours, and as often as the City deems
necessary. If records are not made available within the City or County of San Diego,
the Contractor shall pay the City's travel costs to the location where the records are
maintained. Failure to make requested records available for audit by the date
requested will result in immediate termination of contract.
IX. SERVICE REQUIRE fE JTS
A. WARRANTIES
1. Proposer(s) warrants to the City that all products supplied shall conform to the
requirements hereof and shall be free from defects. In addition to other remedies
which may be available, the City may, at its option, require return of any non-
conforming or defective product to proposer and/or require correction or
replacement of said product at the location of the product when the defect is
discovered, all at the proposer(s) sole risk and expense. If the City does not
require correction for replacement of non -conforming or defective product,
proposer shall repay such portion of the payment specified herein or such
additional amount as is equitable under the circumstances.
The City's rights hereunder are in addition to, but not limited by, proposer's
standard warranties.
inspection and acceptance of items by the City, or payment therefore, shall not
relieve proposer(s) of its obligation hereunder.
2. Any supplies or parts thereat- corrected or furnished in replacement pursuant to
this clause shall also be subject to all the provisions of this clause to the same
extent as supplies initially delivered.
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Proposal No. 4318.0 ! -Y-RFP
B. COMPLIANCE WITH THE LAW,
Proposer(s) agrees that its performance wader this contract shall comply with all
applicable laws of the United States of America, the State of California and the
County and City of San Diego, and also with all applicable policies, ordinances, and
regulations of the City of San Diego.
C. CHANGES
The City may, from time to time, make changes in quantities, specifications, place of
delivery or delivery schedules, methods of shipment furnished to the City. No such
changes will affect the pricing per this contract, and nothing in this clause shall
excuse proposer from proceeding immediately with the agreement as changed.
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Proposal No. 431$ 41 •Y•RFP
SPECIFICATIONS FOR TFIE AUTOMATIC EXTERNAL DEFIBRILLATOR
It is the intent of these specifications to describe a portable automated external defibrillator
"AED" and all necessary related equipment. The portable automated external defibrillator
herein, referred to as the AED will be utilized on lifeguard vehicles, Basic Life Support (BLS)
ambulances and fire apparatus as well as a stand alone public accessible device for use by the lay
public. The AED must be durable and able to withstand field conditions such as adverse weather
conditions, rough handling, extreme temperature changes, excessive vibration, and constant use
by field personnel. Ease and speed of deployment are primary requirements.
The AED and all related equipment shall be delivered to San Diego Fire & Life Safety Services,
Emergency Medical Services Division, 1010 Second Avenue, Suite 300, San Diego, CA 92101.
Contact the PAD Program Coordinator for deliveries at (619) 533-4316. SDF & LSS reserves
the right to refuse the AED, in part or whole, or any of the related equipment that fails to meet
these specifications. Any rejected equipment may be retrieved from SDF & LSS at the vendor's
expense.
The AED shall be housed in a durable and crack resistant case. Physical dimensions shall not
exceed the following:
Height: 4.0 inches
Width: 11.0 inches
Depth: 11.0 inches
Weight: 8.0 pounds
The AED case shall be made of impact resistant plastic and be able to withstand normal use
under adverse conditions.
A standard carrying case with shoulder carrying strap shall be included that provides additional
protection for the AED. The carrying case shall be of black or red color made from a durable and
washable fabric, carrying cases shall be marked by 1 inch stenciled white letters reading "City
of" and 2 inch stenciled white letters reading, "San Diego" and centered on top or front of the
carrying case up to two (2) lines of lettering not to exceed thirty (30) characters at 1" or less at no
additional charge. The carrying case shall contain several pockets for carrying supplies,
defibrillator pads, connectors,_a razor, and cables. Along with the standard case, a water resistant
pelican case shall be available.
The power supply for the AED shall be a five (5) year warranty battery that does not require
recharging. Minimum battery capacity at full charge shall not be less than 300 shocks. Two (2)
batteries shall be supplied with each AED unit.
The battery shall be easily removed from the defibrillator.
Each AED shall have a battery indicator. The battery indicator will be visible through the case so
that personnel can see if the battery or unit needs servicing.
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Proposal No. 43t 8.41-Y-RFP
The AED unit shall provide prompts that include or are comparable to "stand clear," "check
electrodes," "press to shock," and "check patient." These prompts shall be in accordance with
recognized standards of care and shall be given verbally only once at each indicated prompting.
The AED unit shall have an "on/off" main power switch. Activation of this switch will
automatically initiate a self -test sequence verifying system integrity. Activation of this power
switch shall cause the AED unit to begin providing instructions to the operator after the self -test.
The function switch shall be easily identified and be tactile responsive when the AED is powered
up and the operator is prompted.
Data from the AED shall be retrievable in computer format from the unit by one of two ways. A
reusable data card capable of capturing 4 hours of continuous electro-cardiogram (ECG) and
incident events or stored memory in the unit with download capabilities from a modem.
The AED or equipment included with the AED shall be capable of transmitting incident into a
user friendly AED database program Located at a remote site.
Data management equipment with the ability to receive incident data, and to operate a specially
designed AED database program shall be supplied. Equipment to print the data in laser quality
shall be supplied.
The AED shall incorporate an ECG analysis program with continuous ECG segment analysis
providing a "check patient" or comparable prompt whenever a shockable rhythm is detected.
The AED shall provide audio instruction to the operator to deliver energy when a shockable
rhythm has been identified. The display screen shall include elapsed time, a real-time clock
including hours, minutes and seconds and a protocol indicator, (or equivalent) shall be included.
AED cables of approximately feet in length shall be included.
The AED shall provide energy levels of at least 150 joules or more. The unsynchronized
defibrillation wave -form shall be of a bi-physic nature. The AED shall automatically select the
energy to be delivered in accordance with the recognized standards of care.
The number of shocks delivered shall be displayed in the automated mode.
Protocol configuration options shall be available for the AED. This is to include automated
shock energy levels, start up options for automated mode, voice prompt volume and on/off
features , and memory data card clearing options. Protocol configuration options shall be capable
of being configured in the field by the user without disassembling the unit, or the vendor at no
cost to the SDF & LSS for the normal expected life of the AED.
The AED shall include the collection in a digital format on the memory data card that includes
AED identification, self -test message, time stamped events, event ECG segments, and selected
monitoring segments.
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Proposal No. 431134 l -Y-RFP
The vendor shall provide any updated data program changes or enhancement at no charge for
five (5) years.
A rhythm generator/simulator capable of producing asystole, ventricular fibrillation, sinus
rhythm, and ventricular tachycardia shall be battery powered and include a test light indicating
the AED unit actually discharged the proper amount of energy. The vendor also has the option of
supplying a battery/simulator capable of producing several scenarios including V-Fib,V-Tach,
and a systole.
Three (3) sets of polymer gel defibrillator shall be included with each AED unit. Pada shall not
have an expiration date of less than two (2) years from the date of delivery. Additional sets shall
be delivered one (1) year after original date of delivery.
All AE.D and support equipment shall be warranted for 100% parts and labor and any shipping
charges for a period of not less than five (5) years from the date the equipment is put into
operation. Warranty beginning period shall not exceed one (1) year from the date of delivery.
Supplier will be notified of the date each unit is placed into service within thirty (30) days.
Repair or replacement of an AED during the five (5) years shall be covered under the five (5)
year warranty. After the warranty period and extended service/warranty, a contract providing the
same level of service must be available. Costs of shipping shall be included under the five (5)
year warranty and extended service/warranty contracts.
SDF & LSS shall be supplied with twenty (20) operation owner manuals placed into three (3)
ring binders separate from the individual units, to be used in conjunction with training.
Each AED that is located in an area where a wall mounting is appropriate shall have a
wall -mounted case included. The number of wall -mounted units will be specified by SDF &
LSS.
The AED units shall be supplied with an adaption key that allows for a compatible configuration
match between cables and electrode pads for a semi -automatic defibrillator cable operated by
SDF & .LSS.
Each proposal submitted by a manufacturer shall have a sample AED with package, The sample
AED will be returned by SDF & LSS upon final performance evaluation of each AED bid unit.
Each proposal submitted by a manufacturer should include pricing options for batteries, cables,
defibrillator pads and training supplies and equipment. The pricing options should outline
quantity discounts and options for used batteries disposal.
Page 16 of 35
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NOV-01-2001 12:19 SURUIUALINK CORP.
612 939 4191 P.1B/52
Proposal No. 4318-01-Y-RFP
CITY OF SAN DIEGO
GENERAL PROVISIONS
PLEASE READ CAREFULLY
THESE PROVISIONS ARE A PART OF YOUR BID AND ANY CONTRACT
Pursuant to the Notice to Bidders advertised in the official City newspaper, the specifications,
bidding instructions, and requirements on file with the City Clerk, and the conditions of the
General Provisions herein, and subject to all provisions of the Charter and Ordinances of the
City of San Diego, the undersigned hereby proposes to furnish to the City of San Diego,
complete at the prices stated herein, the items or services herein mentioned or described. The
person signing the bid further warrants that this bid is genuine and not sham or collusive, or
made in the interest of or on behalf of any person, firm, or corporation not therein named; that
the bidder has not directly or indirectly induced or solicited any other bidder to put in a sham bid,
or any other person, firm or corporation to refrain from bidding; and that the bidder has not in
any manner sought by collusion to secure any advantage over the bidders.
In submitting this proposal, the bidder agrees that:
A. Bidder has carefully examined the specifications, and all provisions relating to the items
to be furnished or the work to be done attached herewith and trade a part of this proposal,.
and has understood the meaning, intent, and requirements thereof and agrees to same; and
B. Bidder will enter into a written contract and furnish the item(s) or complete the work in
the time specified, and in strict conformity with the City of San Diego specifications
therefore, for the prices quoted.
1. Forms:
The Purchasing Agent will furnish blanks and specifications for all proposals and no bids will
receive consideration unless made upon blanks so furnished. $IDS MUST BE SUBMITT$D
COMPLETg WITH THE SPECIFICATIONS AS FURNISHED AND DELIVERED TO
CITY OF SAN DIEGO PURCHASUNIG DIVISION PRIOR TO THE TIME SET FOR
OPENING.
2. Prices:
All prices and notations must be in ink or typewritten. Mistakes may be crossed out and
corrections typed or written with ink adjacent thereto; corrections must be initialed in ink by
the person signing the bid. Bids shall indicate the unit price extended to indicate the total
price for each item bid.
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NOV-01-2021 12119 SURVIVAL INK CORP.
612 939 4191 P.19/52
Proposal No. 43 18-0I-Y-RPP
Any difference between the unit price correctly extended and the total price shown for all
items bid shall be resolved in favor of the wit price, except when the bidder clearly indicates
that the total price for all items bid is based on consideration of being awarded the entire lot
and that an adjustment of the total price is being made in consideration of receiving the entire
bid.
3. Guarantee of Good Faith (As required on Proposal Form):
Cash, uncertified personal and company checks and certificates of deposit are not acceptable
as a guarantee of good faith. Each proposal must be accompanied by an unconditional
certified check or a bank or postal money order or bid bond executed as surety by a
corporation authorized to issue surety bonds in the State of California. Such check, money
order or bond shall be made payable to the City of San Diego and such check, money order or
bond shall be in the amount specified on the "Proposal Form."
if the bidder fails to execute the contract within ten (10) days from the date of City's mailing
notice that the contract is ready for signature, the City will either let the contract to the next
lowest bidder or will reject all bids and call for new bids. The bidder who has failed to
execute the contract shall be liable to the City for the surn, not exceeding the amount of said
check, money order or bond, by which the amount of the contract covering the said proposal
executed by and between the City and some third party may exceed the amount bid by the
original successful bidder. Such portion of said check, money order or bond, as equals said
sum shall be declared forfeited tp the City of San Diego and shall be collected and paid into
the General Fund of the City. The bidder may also be subject to debarment or suspension.
IMPORTANT: Failure to furnish a proper guarantee of good faith with the bid when
such is required will automatically void the bid.
4. Items Offered:
if the item offered has a trade name, brand and/or catalog number, such shall be stated in
the bid. if the bidder proposes to furnish an item of a manufacturer or vendor other than
that mentioned on the face hereof, bidder must specify maker, brand, quality, catalog
number, or other trade designation. Unless such is noted on the bid form, it will be
deemed that the item offered is that designated even though the bid may state "or equal".
5. Samples:
Samples, when required, shall be furnished prior to bid closing date and time or within
time specified in the bid. The City reserves the right to reject bids submitted without the
required samples, and to require samples for alternate bids or items offered as "equals".
Page 18 of 35
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Proposal No. 4318-01 •Y•RFP
6. Alternative Proposals:
To be responsive to the bid, bidder must submit a proposal that meets all specific
requirements. Bidder may propose "equals" as provided for in accordance with Item 8 of
these General Provisions.
Once bidder has proposed a product which is responsive to the specification, bidder may
thereafter include with the bid any additional proposals or alternative products that are not
"equals" but that bidder believes can or may meet or exceed City's requirements and that
offer City additional advantages or benefits based on the state of the art that were not or
could not be contemplated by City when the requirements were prepared. City reserves
the right to evaluate and accept or reject such alternatives as though they were part of the
original specifications without advertising for further bids, or to rcadvertisc based on such
proposed state of the art alternatives when in the best interests of the City. Any awards so
made will be based on cost analysis considerations that result in the optimum economic
advantage to the City.
7. Expiration of Bid:
AL1 bids shall be considered as firm for a period of sixty (60) calendar days, commencing
the day following the date of bid closing and expiring at midnight of the last day, unless
otherwise stated in the body of the solicitation. The bidder may specify a date his/her bid
expires, provided the date is specific and is entered on the first page of the Proposal or
Request for Quotation.
8. Brand Names:
Whenever reference to a specific brand name is made in this proposal, it is illustrative and
to be construed as a specification which describes a component that has been tested or
evaluated by the City as best meeting the specific operational, design, performance,
maintenance, quality or reliability standards and requirements of the City, thereby
incorporating these requirements by reference within the specification. An equivalent
("or equal") may be offered by the bidder, subject to testing and evaluation at the option
of the City prior to award of bid. The City reserves the sole right to reject a substituted
component that will not fulfill requirements. It shall be the sole responsibility of the
bidder to provide at bidder's expense any product information, test data, and other
information or documents the City may require to fully evaluate or demonstrate the
acceptability of the offered substitute. Where appropriate, independent testing, or
evaluation at qualified test facilities, at bidder's expense, including destructive testing
may be required as a condition of acceptance.
9. Verify Quotations:
Verify your price quotations before submission of your bid, as withdrawal or correction
may not be permitted after the bid has been opened.
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SURUIUALINK CORP. 612 939 4191 P.21/52
Proposal No. 431S-OI-Y-RFP
10. Delivery:
(a) Bidder shall state delivery terms on the Proposal Form unless already specified, in
which case delivery shall be made within the time set forth. Where time is stated in a
number of days, it shall include Saturdays, Sundays, and holidays. Delivery is part of
the consideration and must be adhered to as specified.
(b) Bidder will not be held liable for failure to make delivery because of strikes,
conscription of property, governmental regulations, acts of God, or any other causes
beyond his/her control, provided a written extension of time is obtained from the
City Manager.
11. Elan Prices:
Prices on bid shall be firm prices not subject to escalation. In the event the specifications
provide for escalation, the maximum limit shall be shown, or the bid shall not be
considered. In the event of a decline in market price(s) below the price(s) bid the City of
San Diego shall receive the benefit of such decline.
12. Modification or Withdrawal of Bids:
Bids may be modified or withdrawn by written or telegraphic notice received prior to the
exact hour and date specified for receipt of bid A bid may also be withdrawn in person
by a bidder, or bidder's authorized representative, prior to the exact hour and date set for
receipt of bids. Telephone withdrawals are not permitted (however, see paragraph 13).
•
13. Late Bids and Modifications or Withdrawals:
(a) Bids and modifications of bids (or withdrawals thereof, if this solicitation is
advertised) received at the office designated in the solicitation after the exact hour
and date specified for receipt will not be considered unless: (1) they are received
before award is made; and either (2) they are sent by registered mail, or by certified
mail for which an official dated post office stamp (postmark) on the original Receipt
for Certified Mail has been obtained and it is determined by the City that the late
receipt was due solely to delay in the mails for which bidder was not responsible; or
(3) if submitted by mail, it is determined by the City that the late receipt was due
solely to mishandling by the City after receipt, provided that timely receipt is
established upon examination of an appropriate date or time stamp (if any) or of other
documentary evidence of receipt (if readily available) within the control of the City or
of the Post Office serving it. However, a modification of a successful bid which
makes the terms of the bid more favorable to the City will be considered at any time it
is received and may thereafter be accepted.
Page 20 of 35
NOV-01-2001 12:20
SURUIUALINK CORP. 612 939 4191 P.22/52
Proposal No. 431 S-a t -Y-RFP
(b) The time of mailing of late bids submitted by registered or certified mail shall be
deemed to be the last minute of the date shown in the postmark on the registered mail
receipt or registered mail wrapper or on the Receipt for Certified Mail unless the
bidder furnishes evidence from the post office station of mailing which establishes an
earlier time.
14. Mistake In Bid:
(a) If the bidder discovers a mistake in bid. prior to the hour and date specified for receipt
of bid, bidder may correct the mistake by modifying or withdrawing the bid in
accordance with Items 12 and 13 above.
(b) If within seventy-two (72) hours of the bid closing and prior to the issuance of a
purchase order or a contract, the apparent low and best bidder discovers a mistake in
bid of a serious and significant nature which is unfavorable to bidder, bidder may
request consideration be given to modifying the bid if it remains the lowest bid or to
withdrawal of the bid if the result of the correction of the mistake makes another
bidder lowest and best bidder. The mistake must be evident and provable.
The right is reserved by the City to reject any and all requests for correction of
mistakes in bids received after the hour and date of the bid closing. The decision of
the Purchasing Agent is final as regards acceptance or rejection of requests for
correction of bids.
(c) A MISTAKE IN BID CANNOT BE CONSIDERED ONCE A PURCHASE ORDER
OR. CONTRACT IS ISSUED.
15. No Bids:
If no bid is to be submitted, the bid should be marked NO BID" and returned in order to
maintain the bidder's name in the vendor file for future solicitations. A letter or postcard
may be submitted, If a bidder fails to respond to a reasonable number of bids without
returning a "NO BID," the Purchasing Agent reserves the right to delete the bidder from
the vendor file for future solicitations.
16. Confidential Information:
Any information deemed confidential or proprietary should be clearly identified by the
bidder as such. It will be protected and treated with confidentiality only to the extent
permitted by State law concerning public information. Otherwise the information shall be
considered a public record. Any data to be returned should be so marked and will be
returned if not essential to the bid or contract record.
Page 2l of 35
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NOV-01-2001 12:20
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Proposal No. 4318.01•Y•RFP
17. Signature:
Ali bids must be signed with the firm name as indicated. A bid by a corporation must be
signed by a duly authorized officer, employee or agent, with his/her title. An original
signature is required. Copies are not acceptable.
18. Quality:
Unless otherwise required in the specifications, all goods furnished shall be NEW and the
BEST OF THEIR KIND.
19. Litigation Warranty:
The bidder, by bidding, warrants that bidder is not currently involved in litigation or
arbitration concerning the materials or bidder's performance concerning the same or
similar material to be supplied pursuant to this contract or specification, and that no
judgements or awards have been made against bidder on the basis of bidder's performance
in supplying or installing the same or similar material, unless such fact is disclosed to the
City in the bid. Disclosure will not disqualify the bidder. The City reserves the right to
evaluate bids on the basis of the facts surrounding such litigation or arbitration and to
require bidder to famish the City with a surety bond executed by a surety company
authorized to do business in the State of California and approved by
the City of San Diego in a sum equal to 100 % of the contract price conditional on the
faithful performance by bidder of the contract in the event the bid is awarded to bidder,
notwithstanding the litigation or arbitration,
20. Royalties, Licenses and Patents:
Unless otherwise specified, the bidder shall pay all royalties, license, and patent fees. The
bidder warrants that the materials to be supplied do not infringe any patent, trademark or
copyright and further agrees to defend any and all suits, actions, and claims for
infringement that are brought against the City, and to defend, indemnify and hold
harmless the City from all loss or damages, whether general, exemplary or punitive, as a
result of any actual or claimed infringement asserted against the City, the bidder or those
furnishing material to bidder pursuant to this contract.
21, Performance Standards:
Performance of work and acceptability of equipment or materials supplied pursuant to
any contract or award shall be to the satisfaction of the City.
22. Warranties:
(a) All material, labor, or equipment provided under the contract shall be warranted by
and/or manufacturer for at least twelve (12) months after acceptance by City, except
automotive equipment, which will be warranted for a minimum 12,000 miles or
twelve (12) months, whichever occurs first. Greater warranty protection will be
accepted. Lessor warranty protection must be indicated by bidder on the bid proposal
as an exception.
Page 22 of 35
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NOU-01--2001 12 : 21
SURUIUAUINK CORP. 612 939 4191 P.24i52
Proposal No. 43 I s-OI-Y-R.FP
(b) Bidder shall be considered primarily responsible to the City for all warranty service,
parts and labor applicable to the goods or equipment provided by bidder under this
bid or award, irrespective of whether bidder is an agent, broker, fabricator or
manufacturer's dealer. Bidder shall be responsible for ensuing that warranty work is
performed at a local agency or facility convenient to City and that services, parts, and
labor are available and provided to meet City's schedules and deadlines. City may
require bidder to post a performance bond after contract award to guarantee
performance of these obligations. Bidder may establish a service contract with a local
agency satisfactory to City to meet this obligation if bidder does not ordinarily
provide warranty service.
23. Addenda:
The effect of all addenda to the bid documents shall be considered in the bid, and said
addenda shall be made part of the bid documents and shall be returned with them. Before
submitting a bid, each bidder shall ascertain whether or not any addenda have been
issued, and failure to cover in this bid any such addenda issued may render the bid invalid
and result in its rejection.
24. Specifications to Prevail:
Thedetailed requirements of the specifications shall supersede any specific requirement
of these General Provisions which are in conflict therewith.
25. Faithful Performance Bond:
The successful bidder may be required to furnish the City with a surety bond conditioned
upon the faithful performance of the contract. This may take the form of a bond executed
by a surety company authorized to do business in the State of California and approved by
the City of San Diego, an endorsed Certificate of Deposit, or a money order or a certified
check drawn on a solvent bank. The bond shall be in a sum equal to 25% of the amount
of the contact price. Such bond or deposit shall be forfeited to the City in the event the
bidder receiving the contract shall fail or refuse to fulfill the requirements and all terms
and conditions of the contract.
26. Taxes:
The City will furnish Exemption Certificates for Federal Excise Tax. The City is liable
for State, City, and County Sales Taxes. Do not include this tax in the amount bid.
However, tax is to be added by the successful bidder to the net amount invoiced All or
any portion of the City Sales Tax returned to the City will be considered in the evaluation
of bids.
Page 23 of 35
9
RECEIVED: 11/ 1/01 11:04; -}C..ARDIAU 114 ,..; nano,
Nov-01--2001 12:21 SURUIUALINK CORP.
612 939 4191 P.25/52
Proposal No. 4318-01-Y-RFP
27. Award of Contract:
(a) Bids will be analyzed and award will, be made to the lowest and best responsive and
responsible bidder whose bid conforms to the solicitation and whose bids is
considered to be most advantageous to the City, price and other factors considered.
Factors to be considered may include, but not limited to; bidder's past performance,
total unit cost, economic cost analysis, life cycle costs, warranty, and quality,
maintenance cost, durability, the operational requirements of the City and any other
factors which will result in the optimum economic benefit to the City.
(b) The City reserves the right to reject any item or items therein; to waive informalities,
technical defects and minor irregularities in bids received; and to select the bid(s)
deemed most advantageous to the City. The City will, however, consider bids
submitted on an "all or nothing" basis if the bid is clearly designated as such.
(c) The City reserves the right to award one (1) or more contracts on the bids submitted,
either by award of all itemss to one bidder or by award of separate items or groups of
items to variousbidders as the interests of the City may require, unless the bidder
clearly specifies otherwise in his bid.
(d) For the purpose of evaluating bids for multiple awards, the sum of seventy-five
dollars ($75.00) is considered to be the administrative cost to the City for issuing and
administrating each contract awarded under this solicitation, and individual awards
will be made for the items and combinations of items which result in the lowest
aggregate price to the City, including such administrative cost.
(e) Upon acceptance by the City of San Diego, the solicitation, bid, proposal, or price
quotation and a purchase order issued to the successful bidder within the time
specified shall be deemed to result in a binding contract without further action
required by either party. Items are to be furnished as described in the bid and in strict
conformity with all instructions, conditions, specifications, and drawings contained in
the complete contract.
28. Protests:
Protests by unsuccessful bidders to the selection for award shall be submitted in writing
to the Purchasing Agent no later than ten calendar days after the date of announcement of
selection. For bids that exceed twenty-five thousand dollars ($25,0OO.O0), the
City Manager and the Purchasing Agent shall consider such protests in award
recommendation or award. The unsuccessful bidder shall have the right to appear at the
City Council to protest any award to be confirmed by Council. Failure to submit a timely
written protest to the Purchasing Agent shall bar consideration of such protest.
Page 24 of 35
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NOV-01-2001 12: 21 SURV I VAL I NK CORP.
612 939 4191 P.26/52
Proposal No. 431 B.01-Y•ItFP
29. Documentation:
Due to the time constraints that affect contract performance, all required documents,
certificates of insurance and bonds shall be provided to the City
(Ann: Purchasing Division) within ten (10) days following award or date of request by
City, whichever is later. Any failure to comply may result in bid being declared
nonresponsive and rejected, andlor at City's option the bid bond will be attached for
damages suffered.
30. Purchase Orders:
All goods and services will be ordered by means of a Purchase Order. (THE CITY WILL
NOT BE RESPONSIBLE FOR ARTICLES OR SERVICES FURNISHED WITHOUT A
PURCHASE ORDER.)
31. Discounts:
(a) Prompt payment discounts offered for payment within less than twenty (20) calendar
days will not be considered in. evaluating bids for award, unless otherwise specified in,
the solicitation. However, offered discounts of less than twenty (20) days will be
taken if payment is made within the discount period, even though not considered in
the evaluation of bids.
(b) In connection with any discount offered, time will be computed from date of delivery
of the supplies to the carrier when acceptance is at the point of origin, or from date of •
delivery at destination when delivery and acceptance is at destination, or from the
date the correct invoice or voucher is received in the office by the City of San Diego,
California, if the latter is later than date of delivery. Payment is deemed to be made
for the purpose of earning the discount on the date of mailing of the City check.
(c) Any discount offered other than for prompt payment should be included in the net
price quoted and not included in separate terms. In the event this is not done, the City
reserves the right to accept the discount offered and adjust prices accordingly an the
Purchase Order.
32. Seller'! Invoice:
Invoices shall be prepared and submitted in duplicate to address shown on the Purchase
Order. Separate invoices are required for each Purchase Order. Invoices shall contain the
following information: Purchase Order number, item number, description of supplies or
services, sizes, unit of measure, quantity, unit price, and extended totals.
33. Inspection and Acceptance:
Inspection and acceptance will be at destination unless specified otherwise, and will be
made by the City department shown in the shipping address or other duly authorized
representative of the City. Unit delivery and acceptance, and after any rejection, risk of
loss will be on the bidder unless loss results from negligence of the City.
Page 25 of 35
/"t .1. Veil. 14, ..---•
NOU-01-2001 12:22
SURUIUALINK CORP. 612 939 4191 P.27/52
Ptoposal No. 4318-0I -Y•RFP
34. Lost and Damaged Shipments:
Risk of loss or damage to items prior to the time of their receipt and acceptance by the
City is upon the bidder. The City has no obligation to accept damaged shipments and
reserves the right to return at the bidder's expense damaged merchandise even though the
damage was not apparent or discovered until after receipt of the items.
35. Late Shipments:
Bidder is responsible to notify the City department receiving the items and the Purchasing
Agent of any late or delayed shipments. The City reserves the right to cancel all or any
part of an order if the shipment is not made as promised.
36. Compliance with Industrial Safety Codes:
All equipment furnished shall, where applicable, conform with the Safety Orders of the
California Division of Industrial Safety.
37. Inspection of Repairs by City:
Whenever City is obligated to reimburse bidder for repairs to leased equipment, bidder
must notify the City representative and allow inspection of damaged components before
closing up casings or engines. No billings for repairs will be accepted in the absence of
compliance with this provision, unless waived by City.
38, Waiver:
The failure of the City to enforce a particular condition or provision of any contract
awarded hereunder shall not constitute a waiver of that provision or condition or its
enforceability by the City.
39. Consequences of Violations of Law Regarding Anti -Competitive Business Practices
or Unfair Trade Practices:
Any acts or omissions of bidder in violation of federal, state, or municipal law, the City
Charter, or City policies and regulations regarding and -competitive practices, unfair trade
practices, collusion, contingent fees, gratuities, kickbacks, contemporaneous employment
or similar violations creating an unfair influence on the public bidding and award process
pertaining to this contract or proposal may void this contract. In addition to all other
remedies or damages allowed by law, bidder shall be liable to City for all damages City
thereby suffers or incurs, including costs for substitute performance, and shall be subject
to debarment.
40. Conflict of Interest:
No City employer or member of the employee's immediate family or elected or appointed
member of City government may participate directly ur indirectly in the procurement
process pertaining to this bid if they:
(a) Have a financial interest or other personal interest which is incompatible with the
proper discharge of their official duties in the public interest or would tend to impair
their independence, judgement or action in the performance of their official duties.
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Proposal No. 431 R-01-Y-IUFP
(b) Are negotiating for or have an arrangement concerning prospective employment with
bidder.
The bidder warrants to the best of his knowledge that the submission of the bid will not
create such conflict of interest. In the event such a conflict occurs, the bidder is to report
it immediately to the Purchasing Agent. For breach or violation of this warranty, the City
shall have the right to annul this contract without liability at its discretion, and bidder may
be subject to damages and/or debarment or suspension.
41. Advertisements, Product Endorsements:
City employees and agencies or organizations funded by the City of San Diego are
prohibited from making endorsements, either implied or direct, of commercial products
or services without written. approval of the City Manager.
42. City Provisions to Prevail:
Except as specified in the specifications, the City's standard General Provisions shall
govern any contract award. Any standard terms and conditions of bidder submitted by
bidder shall not be acceptable to City unless expressly assented to by City by separate
document. The City reserves the right to reject bidder's bid as non -responsive, to
consider the bid without bidder's standard terms and conditions or to require bidder to
delete reference to such a condition of evaluation or award of the bid. If after award of
contract, bidder (contract vendor) shall provide materials or services accompanied by new
or additional standard terms or conditions, they too shall be considered void and City may
require deletion thereof as a further condition of performance by vendor. To the extent
not otherwise provided for by the contract documents, the California commercial Code
shall apply.
43. Amendments and Modifications:
The Purchasing Agent may at any time, by a written order, and without notice to the
sureties, make a MODIFICATION to the contract or an amendment to the Purchase
Order, within the general scope of this contract, in; (1) drawings, designs, or
specifications, where the supplies to be famished are to be specially manufactured for the
City in accordance therewith; (2) method of shipment or packing; and (3) place of
delivery. If any such change causes an increase or decrease in the cost of, or the time
required for performance of, this contract, whether changed or not changed by any such
order, an equitable adjustment shall be made by written modification of the contract or
amendment to the Purchase Order, Any claim by the bidder for adjustment under this
clause must be asserted within thirty (30) days from the date of bidder's receipt of the
notification; provided that the Purchasing Agent, if he/she decides that the facts justify
such action, may receive and act upon any such claim if asserted prior to final payment
under this contract. Failure to agree to any adjustment shall be a dispute concerning a
question of fact within the meaning of the clause of these provisions entitled "Disputes."
However, nothing in this clause shall excuse the bidder from proceeding with the contract
as changed.
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Proposal No. 4318-Ot-Y-RPP
44. Disputes:
Except as otherwise provided in this contract, any dispute concerning a question of fact
arising under this contract which is not disposed of by agreement shall be decided by the
Purchasing Agent, who shall reduce this decision to writing and mail or otherwise furnish
a copy thereof to the bidder. The decision of the Purchasing Agent shall be final and
conclusive unless within thirty (30) days from the date of receipt of such copy, the bidder
mails or otherwise furnishes to the Purchasing Agent a written appeal addressed to the
City Manager. The decision of the City Manager, or his/her duly authorized
representative for the determination of such appeals, shall be final and conclusive. In
connection with any appeal proceeding under this clause the bidder shall be afforded an
opportunity to be heard and to offer evidence in support of his/her appeal. Pending final
decision of a dispute hereunder, the bidder shall proceed diligently with the performance
of the contract and in accordance with the Purchasing Agent's decision.
45. Termination for Default:
(a) The City of San Diego, CA, hereinafter referred to as the City may, subject to the
provisions of paragraph (c) below, by written notice of default to the bidder terminate
the whole or any part of this contract in any one of the following circumstances:
(1) If the bidder fails to make delivery of the supplies or to perform the services
within the time specified herein or any extension thereof; or
(2) If the bidder fails to perform any of the other provisions of this contract, or fails
to make progress as to endanger performance of this contract in accordance with
its terms, and in either of these two (2) circumstances does not cure such failure
within a period of ten (10) days after receipt of notice from the Purchasing
Agent specifying such failure.
(b) In the event the City terrninates this contract in whole or in part as provided in
paragraph (a) of this clause, the City may procure, upon such terms and in such
manner as the Purchasing Agent may deem appropriate, supplies or services similar to
those so terminated, and the bidder shall be liable to the City for any excess costs for
such similar supplies or services; the bidder shall also continue the performance of
this contract to the extent not terminated under the provisions of this clause.
(c) The bidder shall not be liable for any excess costs if the failure to perform the contact
arises out of causes beyond the control and without the fault or negligence of the
bidder. Such causes may include, but are not restricted to, acts of God or of the
public enemy, acts of the City in either its sovereign or contractual capacity, fires,
floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually
severe weather; but in every case the failure to perform must be beyond the control
and without the fault or negligence of the bidder.
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(d) if, after notice of termination of this contract under the provisions of this clause, it is
determined for any reason that the bidder was not in default under the provisions of
this clause, or that the default was excusable under the provisions of this clause, the
rights and obligations of the bidder shall be the same as if notice of termination for
convenience had been issued pursuant to such clause.
46, Termination for Convenience:
The Purchasing Agent, by written notice, may terminate this contract, In whole or in part,
when it is in the best interest of the City. if this contract is for supplies and is so
terminated, the bidder shall be compensated in accordance with his auditable costs to
point of notification of termination. To the extent that this contract is for services and is
so terminated, the City shall be liable only for payment in accordance with the payment
provisions of this contract for the actual services rendered to the effective date of
termination.
47. Examination of Records:
(a) If this contract exceeds five thousand dollars (S5,000), the bidder agrees that the City
Auditor and Comptroller of the City of San Diego, CA, or any of his duly authorized
representatives shall, until the expiration of three (3) years after final payment under
this contract, have access to and the right to examine any directly pertinent books,
documents, papers, and records of the bidder involving transactions related to this
contract.
(b) The bidder agrees to include the clause in (a) above in all his subcontracts hereunder,
except Purchase Orden not exceeding five thousand dollars (S5,000).
48. Debarment or Suspension:
After reasonable notice to the person or business and reasonable opportunity for that
person to respond, the Purchasing Agent, after consulting with the City Attorney, may
recommend to the City Council that the person or business be debarred or removed from
consideration for award of contracts. The debarment or suspension shall be for a period
of not more than three (3) years. Causes for debarment include:
(a) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery,
falsification or destruction of records, receiving stolen property, or other offense
indicating a lack of business integrity or business honesty which currently, seriously
and directly affects responsibility as a City bidder.
(b) Violation of contract provisions of a character which is regarded by the Purchasing
Agent to be so serious as to justify debarment action, including:
(1) Deliberate failure without good cause to perform in accordance with the
specifications or within the time limit provided in the contract; or
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Proposal No. 4118-0 E •Y•RFP
(2) A recent record of failure to perform or of unsatisfactory performance in
accordance with the terms of one or more contracts, provided that failure to
perform or unsatisfactory performance caused by acts beyond the control of the
bidder shall not be considered to be a basis for debarment;
(3) Two (2) or more claims of computational error in bid submission within a two
(2) year period.
(c) Any other cause the Purchasing Agent in consultation with the City Attorney deems
to be so serious and compelling as to affect responsibility as a City bidder, including
debarment by another governmental entity.
A bidder may be permanently debarred for the following causes:
(1) Violation of City Charter Section 97 regarding collusion in bidding.
(2) Conviction for commission of a criminal offense as an incident to obtaining or
attempting to obtain a contract or subcontract with the City of San Diego or in
the performance of such contract or subcontract.
(3) Conviction under State or Federal antitrust statutes arising out of the submission
of bids or proposals..
(d) Permanent debarment by another governmental entity,
49. Labor Practices:
The bidder shall comply with all Federal and State Laws, and City Ordinances where
applicable, relating to fair labor practices and discrimination in the employment of
persons.
ga. insurance:
Unless otherwise provided, bidder shall cause City to be named as an additional insured
on liability and/or products liability insurance concerning bidder's performance, products,
or equipment in amounts, scope and duration as may be required by the Purchasing
Agent. Bidder shall provide evidence of Workers' Compensation Insurance covering
employees.
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Proposal No. 4318-01-Y-RFP
51. Liability and indemnification:
Bidder agrees to defend, indemnify, protect and hold City and its agents, officers and
employees harmless from and against any and all claims asserted or liability established
for damages or injuries to any person or property, including injury to bidder's employees,
agents or officers, which arise from or are connected with or are caused or claimed to be
caused by the acts or omissions of bidder and its agents, officers or employees in
performing the work or services or supplying the materials or equipment herein, and all
expenses of investigating and defending against same; provided, however, that bidder's
duty to indemnify and hold harmless shall not include any claims or liability arising from
the established sole negligence or willful misconduct of the City, its agents, officers or
employees. This shall not prejudice the right of the City to appear in such suit, participate
in the defense and take such actions as may be necessary to protect the interests of the
City.
52. Equal Opportunity Policy:
The City of San Diego will not discriminate with regard to race, religious creed, color,
national origin, ancestry, physical handicap, marital status, sex, or age in the award of
contracts.
53. Annual Appropriation of Funds:
Multi -year term supply and service contracts and leases are subject to annual
appropriation of funds by the City Council. Payments made under term contracts and
leases are considered items of current expense. Purchase Orders are funded when issued;
therefore, they are current expense items and are not subject to any subsequent
appropriation of funds.
In the event sufficient funds are not appropriated for the payment of lease payments or
anticipated term contract payments required to be paid in the next occurring lease or
contract term, and it no funds are legally available from other sources, the lease or
contract may be terminated at the end of the original term or renewal term and the City
shall not be obligated to make further payments beyond the then current original or
renewal term. The City will provide notice of its inability to continue the lease or
contract at such time as the Purchasing Agent is aware of the non -appropriation of funds.
However, failure to notify does not renew the term of the lease or contract. if a lease is
canceled, the events of default will occur as described in the lease and/or ltem 45 of these
General Provisions. The City has no monetary obligation in event of termination or
reduction of a term contract since such contracts represent estimated quantities and arc
not funded as a contract except to the extent of the Purchase Orders already issued.
54. Bid Results:
To obtain bid results, tither (I) attend bid opening or (2) provide a self-addressed,
stamped envelope, referencing bid number, and bid tabulation will be mailed to you upon
verification of extensions or (3) visit the Purchasing Division no sooner than three (3)
working days after bid opening to review bid tabulation. Due to time constraints, bid
results cannot be given out over the phone.
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Proposal No. 41I8-d1•Y-11P
DRUG -FREE WORKPLACE
A. GENERAL
All City projects are now subject to City of San Diego Resolution No. R-277952 adopted
on May 20, 1991. All bidders should be aware of the provisions of San Diego City
Council Policy No. 100-17 which was established by the above numbered resolution.
The policy applies equally to the Contractor and all Subcontractors. The elements of the
policy are outlined below.
B. DEFINITIONS
1) "Drug -Free Workplace" means a site for the performance of work done in connection
with a contract let by City of San Diego for the construction, maintenance, or repair
of any facility, or public work, or for professional, or nonprofessional services
rendered on behalf of the City by an entity at which employees of the entity are
prohibited from engaging in the unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance in accordance with the requirements of
this Section.
2) "Employee" means the employee of a Contractor directly engaged in the performance
of work pursuant to a contact as described in Section C.
3) "Controlled Substance" means a controlled substance in Schedules 'through V of
Section 202 of the Controlled Substances Act (21 U.S,C. Sec. 812).
4) "Contractor" means the department, division, or other unit of a person or organization
responsible to the Contractor for the performance of a portion of the work under the
contract.
C. CITY CONTRACTOR REQUIREMENTS
1) Every person or organization awarded a contract or grant by the City of San Diego for
the provision of services shall certify to the City that it will provide a
Drug -Free Workplace by doing all of the following:
a) Publishing a statement notifying employees that the unlawful manufacture,
distribution, dispensation, possession, or use of a controlled substance is
prohibited in the person organization's workplace and specifying the actions
that will be taken against employees for violations of the prohibition.
b) Establishing a Drug -Free Awareness Program to inform employees about all of
the following:
(1) The dangers of drug abuse in the workplace.
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Proposal No. 4318.OI •Y-R?P
(2)
(3)
The person's or organization% policy of maintaining a Drug -Free
Workplace.
Any available drug counseling, rehabilitation, and employee assistance
programs.
(4) The penalties that may be imposed upon employees for drug abuse
violations.
c) Posting the statement required by subdivision (1) in a prominent place at
Contractor's main office. For projects large enough to necessitate a
construction trailer at the job site, the required signage would also be posted
at the job site.
2) Contractors shall include in each subcontract agreement language which indicates
the Subcontractor's agreement to abide by the provisions of subdivisions a)
through c) inclusive of Section C I. Contractors and Subcontractors shall be
individually responsible for their own Drug -Free Workplace programs.
NOTE: The requirements of a Drug -Free Awareness Program can be satisfied by periodic
tailgate sessions covering the various aspects of drug -abuse education. Although an
in-house employee assistance program is not required, Contractors should be able to
provide a listing of drug rehabilitation and counseling programs available in the
community at large.
Questions about the City's Drug -Free Workplace Policy should be referred to the Purchasing
Agent.
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Proposal No. 431841•Y•RFA
THIS DOCUMENT MUST BE COMPLETED,
SIGNED, AND SUBMITTED PRIOR TO CONTRACT AWARD
DRUG -FREE WORKPLACE
CONTRACTOR CERTIFICATION
BID NUMBER:
PROJECT TITLE:
I hereby certify that I am familiar with the requirements of San Diego City Council Policy
No. 100-17 regarding Drug -Free Workplace as outlined in the request for proposals, and that,
(Name under which business is conducted)
has in place a Drug -Free Workplace Program that complies with said policy. I further certify that
each subcontract agreement for this project contains language which indicates the Subcontractor's
agreement to abide by the provisions of subdivisions a) through c) of the policy as outlined.
SIGNED:
PRINTED NAME:
TITLE:
COMPANY NAME:
ADDRESS:
TELEPHONE: FAX:
DATE.
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Proposal No. 4318.O1-Y•RFP
PROPOSER'S STATEMENT OF EXPERIENCE AND REFERENCES
The bidder is required to provide a minimum of three (3) references where work was successfully
performed within the past three (3) years of a similar size and nature. This will enable the City of San
Diego to judge the responsibility, experience, skill, and business standing of the bidder. The City of
San Diego reserves the right to reject any bid when, in its opinion, the bidder has insufficient
experience, responsibility, skill or business standing to perform the proposed work in strict compliance
with the specifications, or when the information provided by the bidder is insufficient for making a
judgment.
REFERENCES
Company Name: Contact Nnmr
Address: Phone Number:
Fax Number:
Dollar Value of Contract: $ Contract Dates:
Requirements of Contract
Company Name: Contact Name :
Address: Phone Number:
Fax Number:
Dollar Value of Contract: $ Contract Dater:
Requirements of Contract
Company Name: Contact Name:
Address: Phone Number:
Fax Number:
Dollar Value of Contract: 5_ Contract Dates
Requirements of Contract
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