017-23 - Systems for Public Safety, Inc. - ContractDocuSign Envelope ID: 61 FECC7F-D789-4A40-AEF3-429D1 F5A382D
City of Port Orchard
Product and Services Agreement
With
Systems for Public Safety, Inc.
This Product and Services Agreement, Contract No. 017-23 ("Agreement"), is entered in to as of the Effective
Date specified below between the City of Port Orchard, Washington municipal corporation having its principal
place of business at 216 Prospect St., Port Orchard, WA 98366 ("City"), and Systems for Public Safety, Inc., a
corporation organized under the laws of the State of Washington, located and doing business at 9412 Front
Street S., Lakewood, WA 98499-9386 ("Vendor").
For consideration set forth herein, the parties agree as follows:
1. Statement of Work. The City requires purchased services and equipment in connection with outfitting
police and emergency vehicles as fully described and set out on the contract documents (defined
below), including but not limited to the Exhibit A "Scope of Work" attached hereto and incorporated by
this reference. The Vendor will furnish the equipment and services as designated, described, and
required by the quote and bid and will complete said services in a good first class and workmanlike
manner, all in accordance with the quote and bid and with the other contract documents specified
herein below, all of which contract documents form the contract, and are as fully a part thereof as if
repeated verbatim herein. All work is to be done under the direct supervision and to the satisfaction of
the City.
2. Incorporation of Provisions Required By Law. Each provision and clause required by federal, state, or
local law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be
read and enforced as though each were included herein. If through mistake or otherwise any such
provision is not inserted or is not correctly inserted, the contract shall be amended to make such
insertion at the request of the either party.
3. Prevailing Wages. If this contract, or any portion thereof is a public work, Vendor shall file a
"Statement of Intent to Pay Prevailing Wages," with the State of Washington Department of Labor &
Industries prior to commencing the Contract work. Vendor shall pay prevailing wages in effect on the
date this contract is executed by the Vendor, and comply with chapter 39.12 of the Revised Code of
Washington, as well as other applicable prevailing wage rate provisions. The latest prevailing wage rate
revision issued by the Department of Labor & Industries is attached.
4. Compensation and Payment.
a. The City will pay the Vendor for the performance of this contract based upon the quote and bid.
Payment will be based on hourly and equipment cost plus markup, in accordance with
Attachment B, provided in no event shall the amount paid by the City for full performance of
the work set out herein exceed the sum of $169,972.65, including applicable sales taxes. This
amount is the maximum amount to be paid under this Agreement and shall not be exceeded
without prior written authorization from the City in the form of a negotiated and executed
supplemental agreement. Payment to the Contractor shall be made in the manner and as
specified in the general conditions forming a part hereof.
DocuSign Envelope ID: 61 FECC7F-D789-4A40-AEF3-429D1 F5A382D
b. Vendor shall submit, in a format acceptable to the City, invoices for services performed. Each
project shall be the subject of a separate invoice. Vendor shall maintain time and expense
records and provide them to the City upon request.
c. City shall pay Vendor within thirty (30) days of the receipt of a correct invoice in accordance
with the City's usual payment procedures. If City objects to all or any portion of any invoice, it
shall so notify Vendor within twenty (20) days from the receipt but shall pay the undisputed
portion of any invoice.
d. Acceptance of any payment by Vendor shall constitute a release of all payment claims against
the City under this Agreement as to such portion of the Services. No payment to Vendor shall
constitute a waiver or release by the City of any claim, right, or remedy it may have against the
Vendor regarding performance of the services or equipment furnished pursuant to this
Contract.
5. Contract Term. Vendor will commence work immediately upon the Effective Date or the City's
submission of a purchase order, whichever is applicable. For each vehicle outfitting request, Vendor
will complete requested work within 90 days from the date of the purchase order. This Contract will
expire two (2) years from the Effective Date, unless earlier terminated by the City. Prior to expiration of
the term of this Contract, the City may, in its sole discretion, renew the Contract for an additional two
(2) year period. The Mayor is authorized to administratively approve such a renewal.
6. Indemnification/Hold Harmless. Vendor shall defend, indemnify, and hold harmless the City, its
officers, officials, employees, and agents from any and all claims, injuries, damages, losses, or suits,
including attorney fees, arising out of or in connection with the performance of this Agreement, except
for injuries and damages to the extent caused by the negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is Subject to RCW 4.24.115,
then, in the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and Volunteers, the Consultant's liability hereunder shall be only to the
extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED
HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE,
TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER. THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER THE PROVISIONS OF THIS SECTION DOES NOT INCLUDE, OR EXTEND TO. ANY
CLAIMS BY THE CONSULTANT'S EMPLOYEES DIRECTLY AGAINST THE CONSULTANT.
7. Insurance. The Vendor 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 products and materials supplied by the City.
DocuSign Envelope ID: 61 FECC7F-D789-4A40-AEF3-429D1 F5A382D
a. No Limitation. Vendor's maintenance of insurance as required by the Agreement shall not be
construed to limit the liability of the Vendor to the coverage provided by such insurance, or
otherwise limit the City's recourse to any remedy available at law or in equity.
b. Minimum Scope of Insurance. Vendor shall obtain insurance of the type described below:
Commercial General Liability ("CGL") insurance shall be written on Insurance Services
Office (ISO) occurrence form CG 00 01 and shall cover products liability. The City shall be
named as an insured under the Vendor's Commercial General Liability Insurance policy
using ISO Additional Insured -Vendors Endorsement CG 20 15 or a substitute
endorsement providing equal coverage. CGL insurance shall be written with limits no
less that $1,000,000 each occurrence, $1,000,000 general aggregate, and a $2,000,000
products liability aggregate limit. Vendor's CGL insurance policies are to contain or be
endorsed to contain that they shall be primary insurance as respect to the City. Any
insurance, self-insurance, or insurance pool coverage maintained by the City shall be in
excess of the Vendor's insurance and shall not contribute with it. The Vendor's
insurance shall be endorsed to state that coverage shall not be cancelled by either party,
except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City.
ii. Worker's Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
c. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating
of not less than ANIL
d. Verification of Coverage. Vendor shall furnish the City with original certificates and a copy of
amendatory endorsements, including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Vendor before goods, materials, or
supplies will be accepted by the City, which is attached and incorporated by this reference as
Attachment D ("Vendor's Certificates(s) of Insurance"). Failure on the part of the Vendor to
maintain insurance as required shall constitute a breach of contract. Vendor's maintenance of
insurance as required by the agreement shall not be construed to limit the liability of the
Vendor to the coverage provided by such insurance, or otherwise limit the City's recourse to
any remedy available at law or in equity.
8. Contract Documents. Together with this agreement, the additional contract documents consisting of
the following: Attachment A (Scope of Work), Attachment B (2023 Price List), Attachment C (Accepted
Bid), and Attachment D (Certificate(s) of Insurance), form the contract and are as fully a part of the
contract as if hereto attached or herein repeated. Vendor hereby acknowledges receipt of a copy of
such documents.
9. Entire Agreement. This Contract is the entire agreement between the parties, and no alterations,
change, or additions thereto shall be made, except in writing approved by both parties.
10. Termination. This Agreement may be terminated by the City at any time for public convenience. Upon
termination for any reason, all finished or unfinished documents, reports, or other material or work of
Vendor pursuant to this Agreement shall be submitted to City, and Consultant shall be entitled to just
DocuSign Envelope ID: 61 FECC7F-D789-4A40-AEF3-429D1 F5A382D
and equitable compensation for any satisfactory work completed prior to the date of termination, not
to exceed the total compensation set forth herein. Vendor shall not be entitled to any reallocation of
cost, profit or overhead. Vendor shall not in any event be entitled to anticipated profit on work not
performed because of such termination. Consultant shall use its best efforts to minimize the
compensation payable under this Agreement in the event of such termination. Upon termination, the
City may take over the work and prosecute the same to completion, by contract or otherwise.
11. Discrimination and Compliance with Laws. Vendor agrees not to discriminate against any employee or
applicant for employment or any other person in the performance of this Agreement because of race,
creed, color, national origin, marital status, sex, age, disability, or other circumstance prohibited by
federal, state, or local law or ordinance, except for a bona fide occupational qualification.
12. Inspection. Even though the Vendor is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet
the approval of the City and shall be subject to the City's general right inspection to secure the
satisfactory completion thereof. The Vendor agrees to comply with all federal, state and municipal
laws, rules and regulations that are now effective or become applicable within the terms of this
Agreement to the Vendor's business, equipment and personnel engaged in operations covered by this
Agreement or accruing out of the performance of such operations.
13. Effective Date. This Contract shall be effective as of the last date signed below.
In witness whereof, the parties have executed this agreement.
EDocuSigned by:
96 P4�SWA,
Rob Putaansuu, Mayor
Attest:
DocuSigned by:
Date 1/26/2023
Approved As To Form:
DocuSigned by:
F9162946�.
Brandy Wallace, City Clerk Charlotte Archer, Attorney
DocuSign Envelope ID: 61 FECC7F-D789-4A40-AEF3-429D1 F5A382D
Vendor:
By:
Date
Deskins
President/CEO
Systems for Public Safety, Inc.
DocuSign Envelope ID: 61 FECC7F-D789-4A40-AEF3-429D1 F5A382D
EXHIBIT A - SCOPE OF WORK
1. The City of Port Orchard requires a Vendor to outfit new police, fire, and emergency vehicles as directed
by the City. When the City has need to purchase a new police or emergency vehicle, the City expects the
Vendor will assist City in ordering from the state's DES contracts, or other approved cooperative
purchasing agreements, to ensure that the City is purchasing a vehicle that will satisfy the City's needs and
specifications and that will work with appropriate equipment available from Vendor. Once the City has
purchased the vehicle, the City will submit to Vendor a purchase order for outfitting that particular vehicle.
Such outfitting will involve equipment, including, but not limited to, emergency lighting, sirens, electronics,
radio communications, secured vaults, and prisoner transport equipment. Vendor will then purchase the
equipment specified in the purchase order and install the specified equipment into the newly purchased
vehicle. The City may also supply previously owned vehicle equipment, such as radios and computer
equipment, to be installed by the Vendor.
2. This contract will include the outfitting of no less that nine (9) vehicles over the course of the contract
period, with the potential for outfitting additional vehicles as necessary. A variety of vehicle types is
expected, including, but not limited to, fully marked patrol and unmarked detective/command vehicles.
3. Currently, the City has nine (9) new vehicles on order that require outfitting. Attachment B contains the
equipment package lists and pricing requests for the two (2) types of equipment packages necessary for
those nine (9) vehicles. Subsequent outfitting orders during the contract term may be of a different
configuration and Vendor pricing must be based upon the general pricing Vendor specifies in Attachment
C.
4. All installs must be per City of Port Orchard's standards, including but not limited to:
a. All materials used in the installation shall be new (unless materials are specifically provided by the
City) and shall be free of defects that would diminish the appearance of the equipment or render it
structurally or operationally unsound.
b. Installation includes the furnishing of any equipment, rigging, and materials required to install or
replace the equipment or parts in the proper location.
c. All wiring must be consistent with the wiring schematics provided by the Vendor.
d. All wire must be labeled every V for simpler diagnostics.
e. Must use harness wiring that can be used in multiple applications.
f. Harness must be transferrable into future replacement vehicles.
g. Wiring must be designed for severe under -the -hood temperatures (-20' to 257` F).
5. Factory Product Warranty. All factory warranties must remain in full effect as equipped throughout the
factory warranty period and Vendor must ensure that the factory warranties will not be voided by any
supplemental warranties and/or accessories.
6. Additional Services and Warranty. In addition to the purchase and installation of equipment, Vendor must
provide:
a. All material and labor to perform service and maintenance on installed vehicle equipment on an as -
needed basis;
b. Vendor warranty on workmanship and materials, in addition to factory product warranties;
c. Warranted services performed within 72 hours by Vendor when equipment is available; and,
DocuSign Envelope ID: 61 FECC7F-D789-4A40-AEF3-429D1 F5A382D
ATTACHMENT A
d. Transportation between Vendor's location and Port Orchard City Hall located at 216 Prospect St.,
Port Orchard, WA 98366.
7. Delivery. Completely outfitted vehicles must be operational and delivered by Vendor within a reasonable
time from the date that requested equipment is available from the manufacturer. The City and Vendor will
coordinate pickup and delivery of vehicles. Generally, vehicles will be delivered directly to Vendor from
vehicle seller, and Vendor must travel to Port Orchard to deliver outfitted vehicles. When Vendor is
required to travel for vehicle pickup or delivery, Vendor will be reimbursed at the Hourly Pickup/Delivery
Labor Rate outlined in Attachment C.
8. Acceptance
a. Upon a timely and properly scheduled delivery to the City from the Vendor, the City has up to three
(3) business days to inspect a vehicle and accept or reject delivery.
b. The City will not accept vehicles until all items listed in the order and these specifications are met
to the satisfaction of the City. This will require Vendor to ensure vehicles are delivered with the
standard warranty identification cards or certificates and the owner's manuals. The City reserves
the right to inspect and/or operate the vehicle prior to acceptance to ensure equipment and
accessories meet the City's requirements and expectations.
DocuSign Envelope ID: 61 FECC7F-D789-4A40-AEF3-429D1 F5A382D
ATTACHMENT B
2023 PRICE LIST FOR OUTFITTING PACKAGE(S)
Two (2) types of equipment packages are necessary for the nine (9) new vehicles that the City intends to
order, five (5) in 2023 and four (4) in 2024. Vendor's pricing on these specific equipment packages shall be
fixed for one year and, after that period, may increase no more than provided by the general pricing bid
included in ATTACHMENT C, which will apply to all other vehicles during the contract term.
Where a brand name or part number is included below, a Vendor may propose a substitution of an equivalent
product item. A Vendor proposing such a substitution has the responsibility to demonstrate to the City's
satisfaction that a product is "equal" to that specified. The City has no obligation to accept proposed
substitutions.
PACKAGE 1: 2022 POLICE INTERCEPTOR SUV (PATROL)
Part Description/Part Number
Quantity
Price per
Unit
Total Cost
Legacy Duo Core Bundle
1
$3,380.00
$3,380.00
Legacy Duo WeCanX
1
$0.00
$0.00
WeCanX Knob/Slide Control Head
1
$0.00
$0.00
OBDII Canport Kit
1
$0.00
$0.00
Cencom CORE Siren Amplifier
1
$0.00
$0.00
Core Output Expansion Module
2
$201.00
$402.00
100W Siren Speaker, Whelen
1
$195.75
$195.75
Universal Siren Speaker Bracket
1
$24.00
$24.00
Flush Mount Light Head, Red/Blue
2
$72.86
$145.72
DocuSign Envelope ID: 61 FECC7F-D789-4A40-AEF3-429D1 F5A382D
ATTACHMENT B
DIR, 12 LED, Hide -a -Blast, Twist Lock, B/W
3
$88.83
$266.49
DIR, 12 LED, Hide -a -Blast, Twist Lock, R/W
1
$88.33
$88.33
3" Round Compartment Light, Red/White
1
$68.33
$68.33
Map Light 18" Gooseneck LED Red/White/UV
1
$81.43
$81.43
Dome Light, 12 LED Red/White
1
$99.95
$99.95
PIU Mid -Height Angled Console
1
$307.03
$307.03
Havis Adjustable Arm Rest
1
$59.07
$59.07
11" Slide Out Locking Swing Arm/Low Profile Tilt
1
$251.33
$251.33
Self -Adjusting Double Cup Holder
1
$46.87
$46.87
4.8A USB Dual Port - Water Proof
1
$54.64
$54.64
Trio Lighted Push Bumper
1
$887.75
$887.75
Fender Protector Wraps Utility PB9
1
$506.95
$506.95
#10 VS C RP Coated Poly Partition Tall w/SCA 2020
1
$832.21
$832.21
Dual T-Rail Gun Mount SC5 lock
1
$475.21
$475.21
Steel Window Barrier
1
$253.08
$253.08
Int. Utility Cargo Window Barriers, set of 3
1
$237.95
$237.95
DocuSign Envelope ID: 61 FECC7F-D789-4A40-AEF3-429D1 F5A382D
ATTACHMENT B
Full Hard Seat w/#12 Poly Partition 2020
1
$1,212.21
$1,212.21
EZ Lift Dual Drawer System — D2S-P1S simplex locks
1
$2,998.01
$2,998.01
Magnetic Mic Conversion Kit, Single Unit
2
$40.00
$40.00
Havis Mic Clip Bracket
1
$16.35
$16.35
Power Distribution Unit
1
$499.00
$499.00
Harness, Main Power
1
$25.92
$25.92
Harness, Front End
1
$174.12
$174.12
Harness, Control Power
1
$160.34
$160.34
Harness, Console Core
1
$168.79
$168.79
Harness, Partition
1
$85.41
$85.41
Harness, Hatch
1
$53.70
$53.70
Harness, Back End
1
$239.51
$239.51
2/C 20GA twisted Pair WC cable (per ft)
18
$4.32
$77.76
25ft CAT 6E Shielded Ethernet Network Booted Cable
1
$14.95
$14.95
6 in 1 Shark -fin black— FTD Ext. Cable
1
$266.00
$266.00
NMO Kit 17ft
1
$18.50
$18.50
DocuSign Envelope ID: 61 FECC7F-D789-4A40-AEF3-429D1 F5A382D
ATTACHMENT B
Rain Cap, Black
1
$8.75
$8.75
Shop Supplies
1
$25.00
$25.00
Labor
$4,950.00
$4,950.00
Total Cost, Package 1
$19,738.91
PACKAGE 2: 2022 POLICE INTERCEPTOR SUV (DETECTIVE/COMMAND)
Part Description/Part Number
Quantity
Price per
Unit
Total Cost
Inner Edge FST/RST Core Bundle
1
$2,922.86
$2,922.86
Inner Edge FST WeCanX, Full Duo PIU
1
$0.00
$0.00
Rear Inner Edge WCX CORE DUO
1
$0.00
$0.00
WeCanX Knob/Slide Control Head
1
$0.00
$0.00
OBDII Canport Cable Kit Ford
1
$0.00
$0.00
Cencom CORE Siren Amplifier
1
$0.00
$0.00
Core Output Expansion Module
2
$201.00
$402.00
Code 3 Siren Speaker w/Universal Bracket
1
$235.83
$235.83
DocuSign Envelope ID: 61 FECC7F-D789-4A40-AEF3-429D1 F5A382D
ATTACHMENT B
ION Slim LED DUO Red/White
1
$144.99
$144.99
ION Slim LED DUO Blue/White
1
$144.99
$144.99
Flush Mount Headlight, Red/Blue
2
$72.86
$145.72
DIR, 12 LED, Hide -a -Blast, Twist Lock, B/W
3
$88.83
$266.49
DIR, 12 LED, Hide -a -Blast, Twist Lock, R/W
1
$88.83
$88.33
Map Light 18" Gooseneck LED Red/White/UV
1
$81.43
$81.43
PIU Mid -Height Angled Console
1
$307.03
$307.03
Havis Adjustable Arm Rest
1
$59.07
$59.07
3" Accessory Pocket
1
$36.72
$36.72
Self -Adjusting Double Cup Holder
1
$46.87
$46.87
4.8A USB Dual Port - Water Proof
1
$54.64
$54.64
Magnetic Mic Conversion Kit, Single Unit
2
$40.00
$80.00
Havis Mic Clip Bracket
1
$16.35
$16.35
Int. Utility Cargo Window Barriers, set of 3
1
$237.95
$237.95
#12VS 2ND Coated Poly Partition
1
$467.28
$467.28
EZ Lift Dual Drawer System - D2S-P1S simplex locks
1
$2,998.01
$2,998.01
DocuSign Envelope ID: 61 FECC7F-D789-4A40-AEF3-429D1 F5A382D
ATTACHMENT B
Cargo Command Module works w/EZ Lift Dual Drawer
1
$395.88
$395.88
Power Distribution Unit
1
$499.00
$499.00
Harness, Main Power
1
$25.92
$25.92
Harness, Front End
1
$174.12
$174.12
Harness, Console Power
1
$160.34
$160.34
Harness, Console Core
1
$168.79
$168.79
Harness, Partition
1
$85.41
$85.41
Harness, Hatch
1
$53.70
$53.70
Harness, Back End
1
$239.51
$239.51
2/C 20GA Twisted Pair WC cable (per ft)
18
$4.32
$77.76
25ft CAT 6E Shielded Ethernet Network Booted Cable
1
$14.95
$14.95
6 in 1 Shark -fin Black- FTD Ext. Cable
1
$266.00
$266.00
NMO Kit 17ft
1
$18.50
$18.50
Rain Cap, black
1
$8.75
$8.75
Full 360 degree tint 20%
1
$300.00
$300.00
Strip Tint 35%
1
$55.00
$55.00
DocuSign Envelope ID: 61 FECC7F-D789-4A40-AEF3-429D1 F5A382D
ATTACHMENT B
Power Port w/Cap
3
$14.61
$43.83
Shop Supplies
$25.00
$25.00
Labor
$4,500.00
$4,500.00
Total Cost, Package 2
$15,900.14
DocuSign Envelope ID: 61 FECC7F-D789-4A40-AEF3-429D1 F5A382D
ATTACHMENT B
ADDITIONAL PRICING INFORMATION
For products and services not included in the specific packages price list detailed in Attachment
B, additional pricing information on the following will apply to all vehicles outfitted during the
contract period.
Item
Unit
Unit Price
Current Electrical/Mechanic Labor Rates
Hourly
$90.00/hour
Anticipated annual license in
Electrical/Mechanic Labor Rates
Percentage
10.00% increase
Pickup & Delivery Labor Rates
Hourly
$25.00/hour
Anticipated annual increase in Pickup &
Delivery Labor Rates
Percentage
o
5.00%increase
Equipment and Supply Costs
Cost, plus percent
markup
o
25.00%markup