HomeMy WebLinkAboutPD17-513 - Original - Adamson Police Products - SureFire Rifle Sound Suppressor Adaptors - 11/29/2017 %
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CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submission
to City Clerks Office. All portions are to be completed.
If you have questions, please contact City Clerk's Office.
Vendor Name: Adamson Police Products
Vendor Number: 502213
JD Edwards Number pp
Contract Number: r n 11 - 51, 3
This is assigned by City Clerk's Office
Project Name: SureFire rifle sound suppressors & suppressor adaptors
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ❑ Contract
Z Other: Goods & Services Agreement
Contract Effective Date: Termination Date: 3/31/18
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Chris Spraque Department: Police
Contract Amount: $129.404.02__._.
Approval Authority: ❑ Department Director ® Mayor ❑ City Council
Detail: (i.e. address, location, parcel number, tax id, etc.):
SureFire rifle sound suppressors & suppressor adaptors
---------------
-------------
As of: 08/27/14
�* T
GOODS & SERVICES AGREEMENT
between the City of Kent and
Professional Police Supply, Inc. dba Adamson Police Products
THIS AGREEMENT is made by and between the City of Kent, a Washington municipal corporation
(hereinafter the "City"), and Professional Police Supply, Inc. dba Adamson Police Products organized
under the laws of the State of California, located and doing business at 3763 Imperial Street Unit A,
Frederick, Co. 80516, phone number 877-833-4699, contact John Rogers (hereinafter the "Vendor"),
AGREEMENT
I. DESCRIPTION OF WORK.
Vendor shall provide the following goods and materials and/or perform the following services for
the City:
............
Adamson Police Products will provide SureFire rifle sound suppressors and suppressor
adapters. See Exhibit A for type, quantities and cost.
Vendor acknowledges and understands that it is not the City's exclusive provider of these goods,
materials, or services and that the City maintains its unqualified right to obtain these goods, materials,
and services through other sources.
11. TIME OF COMPLETION. Upon the effective date of this Agreement, Vendor shall complete
the work and provide all goods, materials, and services by March 31, 2018 .
III. COMPENSATION. The City shall pay the Vendor an amount not to exceed $129,404.02
(one hundred and twenty-nine thousand, four hundred and four dollars and two, cents), including
applicable Washington State Sales Tax, for the goods, materials, and services contemplated In this
Agreement. The City shall pay the Vendor the following amounts according to the following schedule:
Payment within 30 days after receiving all product
-----
GOODS & SERVICES AGREEMENT - 1
(over$20,000, including WSST)
If the City objects to all or any portion of an invoice, it shall notify Vendor and reserves the option
to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make
every effort to settle the disputed portion.
A. Defective or Unauthorized Work. The City reserves its right to withhold payment from
Vendor for any defective or unauthorized goods, materials or services. If Vendor is unable,
for any reason, to complete any part of this Agreement, the City may obtain the goods,
materials or services from other sources, and Vendor shall be liable to the City for any
additional costs incurred by the City. "Additional costs" shall mean all reasonable costs,
including legal costs and attorney fees, incurred by the City beyond the maximum
Agreement price specified above. The City further reserves its right to deduct these
additional costs incurred to complete this Agreement with other sources, from any and all
amounts due or to become due the Vendor.
B, fMgL P men Wgiyer ..g Ciaim5. VENDOR'S ACCEPTANCE OF FINAL PAYMENT SHALL
CONSTITUTE A WAIVER OF CLAIMS, EXCEPT THOSE PREVIOUSLY AND PROPERLY MADE
AND IDENTIFIED BY VENDOR AS UNSETTLED AT THE TIME REQUEST FOR FINAL PAYMENT
IS MADE.
IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor-
Employer Relationship will be created by this Agreement. By their execution of this Agreement, and in
accordance with Ch. 51.08 RCW, the parties make the following representations:
A. The Vendor has the ability to control and direct the performance and details of its
work, the City being interested only in the results obtained under this Agreement.
B. The Vendor maintains and pays for its own place of business from which Vendor's
services under this Agreement will be performed.
C. The Vendor has an established and independent business that is eligible for a
business deduction for federal income tax purposes that existed before the City
retained Vendor's services, or the Vendor is engaged in an independently established
trade, occupation, profession, or business of the same nature as that involved under
this Agreement.
D, The Vendor is responsible for filing as they become due all necessary tax documents
with appropriate federal and state agencies, including the Internal Revenue Service
and the state Department of Revenue.
E. The Vendor has registered its business and established an account with the state
Department of Revenue and other state agencies as may be required by Vendor's
business, and has obtained a Unified Business Identifier (UBI) number from the
State of Washington,
F. The Vendor maintains a set of books dedicated to the expenses and earnings of its
business.
V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon
providing the other party thirty (30) days written notice at its address set forth on the signature block of
this Agreement.
VI. CHANGES. The City may issue a written amendment for any change in the goods, materials
or services to be provided during the performance of this Agreement. If the Vendor determines, for any
reason, that an amendment is necessary, Vendor must submit a written amendment request to the person
listed in the notice provision section of this Agreement, section XIV(D), within fourteen (14) calendar days
of the date Vendor knew or should have known of the facts and events giving rise to the requested
change. If the City determines that the change increases or decreases the Vendor's costs or time for
performance, the City will make an equitable adjustment. The City will attempt, in good faith, to reach
GOODS & SERVICES AGREEMENT - 2
(Over$20,000, including WSST)
agreement with the Vendor on all equitable adjustments. However, if the parties are unable to agree, the
City will determine the equitable adjustment as it deems appropriate. The Vendor shall proceed with the
amended work upon receiving either a written amendment from the City or an oral order from the City
before actually receiving the written amendment, If the Vendor fails to require an amendment within the
time allowed, the Vendor waives its right to snake any claim or submit subsequent amendment requests
for that portion of the contract work. If the Vendor disagrees with the equitable adjustment, the Vendor
must complete the amended work; however, the Vendor may elect to protest the adjustment as provided
in subsections A through E of Section VII, Claims, below.
The Vendor accepts all requirements of an amendment by: (1) endorsing it, (2) writing a separate
acceptance, or (3) not protesting in the way this section provides. An amendment that is accepted by
Vendor as provided in this section shall constitute full payment and final settlement of all claims for
contract time and for direct, indirect and consequential costs, including costs of delays related to any
work, either covered or affected by the change.
VII. CLAIMS. If the Vendor disagrees with anything required by an amendment, another
written order, or an oral order from the City, including any direction, instruction, interpretation, or
determination by the City, the Vendor may file a claim as provided in this section. The Vendor shall give
written notice to the City of all claims within fourteen (14) calendar days of the occurrence of the events
giving rise to the claims, or within fourteen (14) calendar days of the date the Vendor knew or should
have known of the facts or events giving rise to the claim, whichever occurs first , Any claim for
damages, additional payment for any reason, or extension of time, whether under this Agreement or
otherwise, shall be conclusively deemed to have been waived by the Vendor unless a timely written claim
is made in strict accordance with the applicable provisions of this Agreement.
At a minimum, a Vendor's written claim shall include the information set forth In subsections A,
items 1 through 5 below.
FAILURE TO PROVIDE A COMPLETE, WRITTEN NOTIFICATION OF CLAIM WITHIN
THE TIME ALLOWED SHALL BE AN ABSOLUTE WAIVER OF ANY CLAIMS ARISING IN
ANY WAY FROM THE FACTS OR EVENTS SURROUNDING THAT CLAIM OR CAUSED
BY THAT DELAY.
A. I_o e_Qf Clam, Provide a signed written notice of claim that provides the following
information:
1. The date of the Vendor's claim;
2. The nature and circumstances that caused the claim;
3. The provisions in this Agreement that support the claim;
4. The estimated dollar cost, if any, of the claimed work and how that estimate
was determined; and
5. An analysis of the progress schedule showing the schedule change or
disruption if the Vendor is asserting a schedule change or disruption.
B. Becqi-45. The Vendor shall keep complete records of extra costs and time incurred as a
result of the asserted events giving rise to the claim. The City shall have access to any of
the Vendor's records needed for evaluating the protest.
The City will evaluate all claims, provided the procedures in this section are followed. If the
City determines that a claim is valid, the City will adjust payment for work or time by an
equitable adjustment. No adjustment will be made for an invalid protest.
C, Vendor's Duty to Corilpletg Pretested work.. In spite of any claim, the Vendor shall proceed
promptly to provide the goods, materials and services required by the City under this
Agreement.
GOODS & SERVICES AGREEMENT - 3
(Over$20,000, including WSST)
D, By not protesting as this section provides, the Vendor
also waives any additional entitlement and accepts from the City any written or oral order
(including directions, instructions, interpretations, and determination).
i
E. Failure to Follow Procedures Constitutes Walver. By failing to follow the procedures of this
section, the Vendor completely waives any claims for protested work and accepts from the
City any written or oral order (including directions, instructions, interpretations, and
determination).
VIII. LIMITATION OF ACTIONS. VENDOR MUST, IN ANY EVENT, FILE ANY LAWSUIT ARISING
FROM OR CONNECTED WITH THIS AGREEMENT WITHIN 120 CALENDAR DAYS FROM THE DATE THE
CONTRACT WORK IS COMPLETE OR VENDOR'S ABILITY TO FILE THAT SUIT SHALL BE FOREVER BARRED.
THIS SECTION FURTHER LIMITS ANY APPLICABLE STATUTORY LIMITATIONS PERIOD.
IX. WARRANTY. Vendor warrants that it will faithfully and satisfactorily perform all work
provided under this Agreement in accordance with the provisions of this Agreement. In addition to any
other warranty provided for at law or herein, this Agreement is additionally subject to all warranty
provisions established under the Uniform Commercial Code, Title 62A, Revised Code of Washington.
Vendor warrants goods are merchantable, are fit for the particular purpose for which they were obtained,
and will perform in accordance with their specifications and Vendor's representations to City. The Vendor
shall promptly correct all defects in workmanship and materials: (1) when Vendor knows or should have
known of the defect, or (2) upon Vendor's receipt of notification from the City of the existence or
discovery of the defect. In the event any part of the goods are repaired, only original replacement parts
shall be used—rebuilt or used parts will not be acceptable. When defects are corrected, the warranty for
that portion of the work shall extend for an additional year beyond the original warranty period applicable
to the overall work.. The Vendor shall begin to correct any defects within seven (7) calendar days of its
receipt of notice from the City of the defect. If the Vendor does not accomplish the corrections within a
reasonable time as determined by the City, the City may complete the corrections and the Vendor shall
pay all costs incurred by the City in order to accomplish the correction.
X. DISCRIMINATION. In the hiring of employees for the performance of work under this
Agreement or any sub-contract, the Vendor, its sub-contractors, or any person acting on behalf of the
Vendor or sub-contractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national
origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who
is qualified and available to perform the work to which the employment relates.
Vendor shall execute the attached City of Kent Equal Employment Opportunity Policy Declaration,
Comply with City Administrative Policy 1.2, and upon completion of the contract work, file the attached
Compliance Statement,
XI. INDEMNIFICATION. Vendor shall defend, indemnify and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the Vendor's
performance of this Agreement, except for that portion of the injuries and damages caused by the City's
negligence.
The City's inspection or acceptance of any of Vendor's work when completed shall not be grounds
to avoid any of these covenants of indemnification.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION
PROVIDED HEREIN CONSTITUTES THE VENDOR'S WAIVER OF IMMUNITY UNDER INMIS_TRl_AL
INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES
FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
In the event Vendor refuses tender of defense in any suit or any claim, if that tender was made
pursuant to this indemnification clause, and if that refusal is subsequently determined by a court having
jurisdiction (or other agreed tribunal) to have been a wrongful refusal on the Vendor's part, then Vendor
shall pay all the City's costs for defense, including all reasonable expert witness fees and reasonable
GOODS & SERVICES AGREEMENT - 4
(Over$20,000, including WSST)
attorneys' fees, plus the City's legal costs and fees incurred because there was a wrongful refusal on the
Vendor's part.
The provisions of this section shall survive the expiration or termination of this Agreement.
XII. INSURANCE. The Vendor shall procure and maintain for the duration of the Agreement,
insurance of the types and in the amounts described in Exhibit B attached and incorporated by this
reference.
XIII. WORK PERFORMED AT VENDOR'S RISK. Vendor shall take all necessary precautions
and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of
the contract work and shall utilize all protection necessary for that purpose. All work shall be done at
Vendor's own risk, and Vendor shall be responsible for any loss of or damage to materials, tools, or other
articles used or held for use in connection with the work.
XIV. MISCELLANEOUS PROVISIONS.
A. Recvcl le Mat r j$. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its
contractors and consultants to use recycled and recyclable products whenever practicable. A price
preference may be available for any designated recycled product.
B. Non-Waiver 9f Breagh. The failure of the City to insist upon strict performance of any of the
covenants and agreements contained in this Agreement, or to exercise any option conferred by this
Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those
covenants, agreements or options, and the same shall be and remain in full force and effect.
C. Rgso1ji n pf Di$p tgj e ina Law, This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. If the parties are unable to settle any
dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means
of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules
and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in
writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the
parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred
in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or
award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's
right to indemnification under Section XI of this Agreement.
D. Wri' ken htl,gtlr All communications regarding this Agreement shall be sent to the parties at
the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written
notice hereunder shall become effective three (3) business days after the date of mailing by registered or
certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this
Agreement or such other address as may be hereafter specified In writing.
E. 6,55ignment. Any assignment of this Agreement by either party without the written consent
of the non-assigning party shall be void. If the non-assigning party gives its consent to any assignment,
the terms of this Agreement shall continue in full force and effect and no further assignment shall be
made without additional written consent.
F, Modification. No waiver, alteration, or modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and Vendor.
G. En ijL_8 ement. The written provisions and terms of this Agreement, together with any
Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative
of the City, and such statements shall not be effective or be construed as entering into or forming a part
of or altering in any manner this Agreement. All of the above documents are hereby made a part of this
Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any
language contained in this Agreement, the terms of this Agreement shall prevail.
GOODS & SERVICES AGREEMENT - 5
(Over$20,000, including WSST)
H. Com HAnKe with gm. The Vendor agrees to comply with all federal, state, and municipal
laws, rules, and regulations that are now effective or in the future become applicable to Vendor's business,
equipment, and personnel engaged in operations covered by this Agreement or accruing out of the
performance of those operations.
I, Public itecords Act. The Vendor acknowledges that the City is a public agency subject to the
Public Records Act codified in Chapter 42.56 of the Revised Code of Washington and documents, notes,
emails, and other records prepared or gathered by the Vendor in its performance of this Agreement may
be subject to public review and disclosure, even if those records are not produced to or possessed by the
City of Kent. As such, the Vendor agrees to cooperate fully with the City in satisfying the City's duties and
obligations under the Public Records Act.
J. QRS Business License Recruited. Prior to commencing the tasks described in Section I,
Contractor agrees to provide proof of a current city of Kent business license pursuant to Chapter 5.01 of
the Kent City Code.
K. Counter arts and Si.,grtaK,_or Enjiil, This Agreement may be executed in any
number of counterparts, each of which shall constitute an original, and all of which will together constitute
this one Agreement. Further, upon executing this Agreement, either party may deliver the signature page
to the other by fax or email and that signature shall have the same force and effect as if the Agreement
bearing the original signature was received in person.
IN WITNESS, the parties below execute this Agreement, which shall become effective on
the last date entered below. All acts consistent with the authority of this Agreement and prior
to Its effective date are ratified and affirmed, and the terms of the Agreement shall be deemed
to have applied
VENDO CITY OF KENT:
By: _ BY;
signature) � (signature)
Print Name: ......T _ r P t Na e: z Coo _...._.
Its_ Un +40v!a 'R-.,_ s Mayor
(toil,
DATE v 11 20_ l DATE
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
VENDOR: CITY OF KENT:
John Rogers Christopher Sprague
Adamson Police Products City of Kent
3763 Imperial Steet, Unit A 220 Fourth Avenue South
Frederick, Co. 80516 Kent, WA 98032
(877) 833-4699 (telephone) (253) 856-5857 (telephone)
(303) 833-4762 (facsimile) (253) 856-6330 (facsimile)
_......._..,_. .._. ...._........_.m........ — ._...
APPR ED AS TO FORM:
e t t Department
-......— ...... ..................._....
_.. ... ——..._..
GOODS & SERVICES AGREEMENT - 6
(Over$20,000, including WSST)
[En bus rieltl.'Ybu nay cuter vie CI,,U,r i¢fiIe'I,h why+re th,wa,ra hae trFen stied]
GOODS & SERVICES AGREEMENT - 7
(Over$20,000, including WSST)
DECLARATION
CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY
The City of Kent is committed to conform to Federal and State laws regarding equal opportunity.
As such all contractors, subcontractors and suppliers who perform work with relation to this
Agreement shall comply with the regulations of the City's equal employment opportunity
policies.
The following questions specifically identify the requirements the City deems necessary for any
contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative
response is required on all of the following questions for this Agreement to be valid and binding.
If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the
directives outlines, it will be considered a breach of contract and it will be at the City's sole
determination regarding suspension or termination for all or part of the Agreement;
The questions are as follows:
1. I have read the attached City of Kent administrative policy number 1.2.
2. During the time of this Agreement I will not discriminate in employment on the basis of
sex, race, color, national origin, age, or the presence of all sensory, mental or physical
disability.
3. During the time of this Agreement the prime contractor will provide a written statement to
all new employees and subcontractors indicating commitment as an equal opportunity
employer.
4. During the time of the Agreement I, the prime contractor, will actively consider hiring and
promotion of women and minorities.
5. Before acceptance of this Agreement, an adherence statement will be signed by me, the
Prime Contractor, that the Prime Contractor complied with the requirements as set forth
above.
By sign ag e to fulfill the five requirements referenced above.
By:
AJ 't 6) L tC.S ' aC5,,b", -s
Title:� A.-J
Date: 11 117
EEO COMPLIANCE DOCUMENTS - 1 of 3
CITY OF KENT
ADMINISTRATIVE POLICY
NUMBER: 1.2 EFFECTIVE DATE: January 1, 1998
SUBJECT: MINORITY AND WOMEN SUPERSEDES: April 1, 1996
CONTRACTORS APPROVED BY Jim White, Mayor
POLICY:
Equal employment opportunity requirements for the City of Kent will conform to federal and
state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee
equal employment opportunity within their organization and, if holding Agreements with the City
amounting to $10,000 or more within any given year, must take the following affirmative steps:
1. Provide a written statement to all new employees and subcontractors indicating
commitment as an equal opportunity employer.
2. Actively consider for promotion and advancement available minorities and women.
Any contractor, subcontractor, consultant or supplier who willfully disregards the City's
nondiscrimination and equal opportunity requirements shall be considered in breach of contract
and subject to suspension or termination for all or part of the Agreement.
Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public
Works Departments to assume the following duties for their respective departments.
1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these
regulations are familiar with the regulations and the City's equal employment opportunity
policy.
2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines.
EEO COMPLIANCE DOCUMENTS - 2 of 3
CITY OF KENT
EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT
This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the
Agreement.
I, the undersigned, a duly represented agent of
Company, hereby acknowledge and declare that the before-mentioned company was the prime
contractor for the Agreement known as that was entered into on
the__._, (date), between the firm I represent and the City of
Kent.
I declare that I complied fully with all of the requirements and obligations as outlined in the City
of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity
Policy that was part of the before-mentioned Agreement.
By:
For-
Title:
Date:
EEO COMPLIANCE DOCUMENTS - 3 of 3
_---
Quotation y, DATE PAGE
Nov 17,2017 1
� a M'4%ma y■ ■ -- --- ..-----. ORDER NUMBER .. ...
Est.19aO police products Ci,VU' r�t?' cooslz4s
3763Imperial Street, Unit A //�`I I D
Frederick, C080516
PH: (877)8334699 FX: (303)833-4762
Sold CITY OF KENT Ship CITY OF KENT
TO ATTN:ACCTS PAYABLE TO ATTN.CHRIS SPRAGUE
220 4TH AVE SOUTH KENT,WA 98032
KENT,WA 98032
�IOHN REFERENCE I S PPREISSORS CUSTOMER
WA 032Nov NO � SAJOHNR SON ON DATE SHIP
FED 4. NETO 0
OIIANTITV
ORD SHIP 6/O ITEM NUMBER DESCRIP T ION UNIT PRICE UNIT AMOUN
100 0 100 889/SOCOM556-RC2-B 2ND GEN SOCOM 5.56 BLACK 715.00 EA 71,500 00
K SUPPRESSOR
30 0 30 889/SOCOM556-MIN12- SUREFIRE 2ND GEN SOCOM 700,00 EA 21,00,00
BK SUPPRESSOR, USE W/5.56, BLK
11 0 11 999/9999 SOCOM-762-MINI2-BK SUPPRESSOR 780,000 EA 8,580.00
133 0 133 889/WARCOMP-556-12- SUREFIRE PRTED 3 PRNG FLASH HIDER, 115.00 EA 15,295.00
28 556 SOCOM S U PP W/1/2-28
11 0 11 889/WARCOMP-762-58- SUREFIRE PORTED 3 PRNG FLSH HUFF, 115,00 EA 1,265.00
24 SUPP ADAPTR FOR 7,62 SOCOM
This quote is va IIid for60 days
Subtotal 117,640.00
Total Sales Tax 11,764.02
Total Order 129,404.02
....................-- _.....__.... ....--_.._ ......
Original
EXHIBIT B
INSURANCE REQUIREMENTS FOR
GOODS AND SERVICES CONTRACTS
Insurance
The Contractor shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which
may arise from or in connection with the performance of the work hereunder
by the Contractor, their agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Commercial General Liabil y. insurance shall be written on
ISO occurrence form CG 00 01 and shall cover liability
arising from premises, operations, independent contractors,
products-completed operations, personal injury and
advertising injury, and liability assumed under an insured
contract. The City shall be named as an additional insured
under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the
City using ISO additional insured endorsement CG 20 10 11
85 or a substitute endorsement providing equivalent
coverage.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Commercial General Liability insurance shall be written with
limits no less than $1,000,000 each occurrence, $2,000,000
general aggregate and a $2,000,000 products-completed
operations aggregate limit.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following
provisions for Commercial General Liability insurance:
1. The Contractor's insurance coverage shall be primary
insurance as respects the City. Any Insurance, self-
insurance, or insurance pool coverage maintained by the City
shall be excess of the Contractor's insurance and shall not
contribute with it.
2. The Contractor's insurance shall be endorsed to state that
coverage shall not be cancelled by either party, except after
EXHIBIT B (Continued)
thirty (30) days prior written notice by certified mail, return
receipt requested, has been given to the City.
3. The City of Kent shall be named as an additional insured on
all policies (except Professional Liability) as respects work
performed by or on behalf of the contractor and a copy of
the endorsement naming the City as additional insured shall
be attached to the Cortifi:cate of Insurance. The City
reserves the right to receive a certified copy of all required
insurance policies. The Contractor's Commercial General
Liability insurance shall also contain a clause stating that
coverage shall apply separately to each insured against
whom claim is made or suit is brought, except with respects
to the limits of the insurer's liability.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not
less than ANII.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the
amendatory endorsements, including but not necessarily limited to the
additional insured endorsement, evidencing the insurance requirements of
the Contractor before commencement of the work.
F. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or
shall furnish separate certificates and endorsements for each subcontractor.
All coverages for subcontractors shall be subject to all of the same insurance
requirements as stated herein for the Contractor.
PROFE-1 np In- PA
acoRc� CERTIFICATE OF LIABILITY INSURANCE CATEIMMIDDNYY)q
��' 10125f201 T
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy)ies) must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on
this certificate does not confer ft hts to the certificate holder in lieu of such endorsernarN s).
PRODUCER 858.452-2200 � 'T'ADT Ted BauerfBarbara FOX.
Wateud a Insurance Services PHONE FAX 04
9 898-�152-2200 898452-6004
10717 Sorrento Valley Rd. 4A�r�r,a,NI���a Extl' ........
San Diego, CA 92121 �6ftss b1felixewateridge.com
Bauer Insurance Services Inc
IN4UREIR(S)APPOROINO LO .... NF41C./
INSURER A,James River Ins Company 12203
INSURED Professional Police Supply Inc INSURERe
❑BA Adamson Police Products """"""' --
160 Airway Blvd INSURER
Livermore,CA 94551 INSURER o
INSURER E
INSURER F
COVERAGES CEET]Flr,61E ' REVISION NUMBER�
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required)
The City of Kent is named as an additional insured as required by written
contract. Attached AP2009US O4-10 and AP5031 US O4-10 apply.
CERTIFICATE HOLDER CANCELLATION
CITYKEN
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
The City of Kent
220 4th Ave South
Kent,WA 98032 AUTHORIZED REPRESENTATIVE
ACORD 25(2016103) O 1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED AS REQUIRED BY
WRITTEN CONTRACT
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS
SECTION II—Who Is An Insured is amended to include any person or organization you are
required to include as an additional insured on this policy by written contract or written agreement
in effect during this policy period and executed prior to the "occurrence" of the"bodily injury" or
.'property damage."
The insurance provided to the Additional Insured under this endorsement is limited as follows:
1. The person or organization is only an additional insured with respect to liability arising
solely out of"your work" or"your product"which is imputed to the Additional Insured.
2. In the event that the Limits of Insurance provided by this policy exceed the Limits of
Insurance required by the written contract or written agreement,the insurance provided by
this endorsement shall be limited to the Limits of Insurance required by the written contract
or written agreement. This endorsement shall not increase the Limits of Insurance stated in
the Declarations.
3. This insurance does not apply to"bodily injury" or"property damage" arising out of"your
work" or"your product" included in the"products—completed operations hazard" unless
you are required to provide such coverage by written contract or written agreement but only
for the period of time required by the written contract or written agreement and only for
"bodily injury"or"property damage" that occurs during the policy period arising out of"your
work" or"your product".
4. Any coverage provided by this endorsement to an Additional Insured shall be excess over
any other valid and collectible insurance available to the Additional Insured whether
primary, excess, contingent or on any other basis.
5. Where no coverage underthis policy shall apply for the Named Insured, no coverage or
defense shall be afforded to the Additional Insured.
6. This insurance does not apply to "bodily injury" or"property damage" arising out of the sole
negligence of the Additional Insured.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED.
AP2009US O4-10 Page 1 of 1
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY,
PRIIMARY AND NON CONTRIBUTORY
ENDORSEMENT
This endorsement modifies insurance provided under the following:
ALL COVERAGE PARTS
Name Of Additional Insured Person(s)
Or Or anization(s):
If no entry appears above,this endorsement applies to all Additional Insureds covered under
this policy,
Any coverage provided to an Additional Insured under this policy shall be excess over any other
valid and collectible insurance available to such Additional Insured whether primary, excess,
contingent or on any other basis unless a written contract or written agreement specifically
requires that this insurance apply on a primary and noncontributory basis.
ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED,
AP5031US O4-10 Page 1 of 1
W/.9NINaIOX ��T Document
CONTRACT COVER SHEET
This is to be completed by the Contract Manager prior to submissioat
to the City Clerk's Office. All portions are to be completed.
If you have questions, please contact the City Clerk's Office at 253-856-5725.
Vendor Name: Adamson Police Products
Vendor Number:
JD Edwards Number
Contract Number: PP 17-� �`�
This is assigned by City Clerk's Office
I
Project Name: Request to advertised bid waiver
I
Description: ❑ Interlocal Agreement ❑ Change Order ❑ Amendment ® Contract
❑ Other:
Contract Effective Date: 10/10/17 Termination Date:
Contract Renewal Notice (Days):
Number of days required notice for termination or renewal or amendment
Contract Manager: Eric Hemmen Department: Police
Contract Amount: $130.000.00
Approval Authority: ❑ Director ® Mayor ❑ City Council Meeting Date
Detail: (i.e. address, location, parcel number, tax id, etc.):
Police requesting a waiver for advertised bid requirements for the purchase of rifle sound
suppressors,
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CITY OF KENT
POLICE DEPARTMENT
220 4"' Avenue South
®. Kent, WA 98032
T Fax: 253-856-6802
WA5HIuQTon
PHONE: 253-856-5800
M � �� Ml�
emo
To: Suzette Cooke,. Mayor
From: Eric Hemme �raart Services Assistant Chief
CC: Ken Thomas, Police Chief '
Date: October 4, 2017
Re: Request for Advertised Bid Waiver Pursuant to KCC 3.70,080 for rifle sound
suppressors.
The Police Department is requesting a waiver for the advertised bid requirement set forth in
KCC 3.70.080 for the purchase of rifle sound suppressors.
The Kent Police Department will be implementing use of rifle sound suppressors on all issued
rifles for the safety of officers and the public. A sound suppressor attaches to the rifle's barrel
and reduces the amount of noise and visible muzzle flash generated by firing. Given the
extensive firearm training officers receive, the use of sound suppressors will reduce the harmful
effects caused by officers' repetitive exposure to loud noises.
The Kent Police Department anticipates it needs to purchase 142 suppressors, at an Individual
cost of $920 each. Together, this purchase will cost the City approximately $130,000.00, plus
tax. For the reasons explained below, the Department believes purchasing SureFire rifle
suppressors from Adamson Police Products is in the City's bests interests, and the Department
respectfully requests a waiver under KCC 3.70.110(A)(3) of the competitive bidding
requirements. The following explains why the Department seeks this waiver and authorization
to purchase the sound suppressors directly through Adamson Police Products.
Why SureFire Suppressors
Kent off cers serving on the Valley SWAT team have been using SureFire suppressors for over
ten years. During that time, they have put well over 75,000 rounds through those suppressors
with no problems. On occasion, baffle strikes have occurred, through no fault of the suppressor,
and always caused by bad ammunition. We have reported no more than 6 baffle strikes while
using SureFire suppressors over the years, and even though the damage was NO FAULT of the
SureFire product, SureFire has repaired the rifle suppressors at no cost to the City. This high
level of customer service and history of standing behind its product is what has earned SureFire
a great reputation in the industry.
The Department recently had a locking collar break on a ten year old suppressor. This is a
catastrophic failure and the suppressor was well outside any warranty period, SureFire repaired
and refurbished the suppressor at no cost to the City. It is essentially a new suppressor. In
Memo
Page: 2
Re: Request for Advertised Bid Waiver Pursuant to KCC 3,70.080 for Evidence Processing Software
addition, even though the Department's suppressors are old and well used, they continue to
reduce sound levels to the same decibel level as when they left the factory. They are
impressive units and there is really no comparison on the market.
Two other Valley SWAT agencies have purchased suppressors from manufacturers other than
SureFire, and in both cases they have experienced weapon malfunction and suppressor failure,
and those manufacturers have refused to repair them without the agency paying a repair fee.
Finally, SureFire's suppressors were recently tested against any submission by the United
States Special Operations Command and the Department of Defense. This included extremely
high volumes of ammunition fired through the suppressors in a controlled laboratory setting.
SureFire was the only suppressor to successfully pass the test and was awarded a federal $23.3
million dollar contract. SureFire's products work very well, and more importantly, they are built
to last.
Why, purchase through Adamson Police Products
While there are a number of companies who sell Sure Fire's suppressors, the Department did
obtain written bids from three (3) of those sellers, including one directly from SureFire itself.
Adamson Police Products was the lowest bid by over $1,400, In addition, the Department has
been using Adamson Police Products for several years, and it offers excellent service and
pricing for a variety of police equipment. The suppressors are a National Firearms Act (NFA)
item that requires Alcohol, Tobacco and Firearms (ATF) approval, The Department has used
Adamson Police Products for prior NFA acquisitions and found the wait time consistent within
the industry.
For the reasons outlined above, the Department respectfully requests that you waive the
advertised bid requirement for this purchase as authorized under KCC 3.70.1 10(A)(3), find that
the advertised bid process is not practicable or in the city's best interests in this particular
instance, and authorize the Department to purchase the SureFire rifle suppressors directly
through Adamson Police Products. If you approve of this waiver under KCC 3.70.110, the
Department requests that you indicate your approval by signing below. The resulting contract
will proceed through the normal Council approval process as required by KCC 3.70.240(A).
If you approve of this waiver under KCC 3.70.110(A), the Kent Police Department requests that
you indicate your approval by signing below. The resulting contract will be taken through the
committee and council approval process as required by KCC 3.70.240.
CITY 0'—
Sy�. ti . Cooke, Mayor .. _
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