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c�<,FORN'P City Council Staff Report
August 13, 2019
Agenda Item No. 12
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Jon Lewis, Chief of Police - 949-644-3701, jlewis@nbpd.org
PREPARED BY: Jonathan Stafford, Deputy Director — Police Services,
jstafford@nbpd.org
PHONE: 949-644-3650
TITLE: Replacement of the Outdoor Warning System
FA3.1-1 d:7±Tib 6
The Police Department is requesting City Council approval to purchase and install a new
outdoor warning system through Omnia Partners, Public Sector (formerly U.S.
Communities) a nonprofit government purchasing cooperative program, under Master
Contract 4400008495 with Mallory Safety and Supply, LLC. The current system uses
mechanical sirens that have not proven durable in the coastal environment, are not fully
functional and need significant repairs or replacement. The requested system,
manufactured by Long Range Acoustic Devices® (LRAD) Corporation, has no moving
parts, provides several important operational improvements, and is supported by
technicians and spare parts located in the Southern California region.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
b) Approve a Purchase and Installation Agreement with Mallory Safety & Supply, LLC
for the purchase and installation of an LRAD Corporation outdoor warning system
equipment for a not to exceed amount of $200,534.71 plus a contingency amount of
$20,000 (approximately 10%) to cover unforeseen costs, for a total not -to -exceed
amount of $220,534.71, and authorize the Mayor and City Clerk to execute the
Agreement; and
c) Approve Budget Amendment No. 20 -006 -CC appropriating $220,534.71 from the
unappropriated General Fund capital project savings to Account No. 01201928-
980000-20M15.
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Replacement of the Outdoor Warning System
August 13, 2019
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FUNDING REQUIREMENTS:
The Budget Amendment appropriates $220,534.71 in increased expenditure
appropriations from the unappropriated General Fund capital project savings. Funding
for ongoing maintenance in subsequent fiscal years will be addressed during the annual
budget preparation process.
DISCUSSION:
In 2010, the City purchased an outdoor warning siren system to notify community
members of approaching tsunamis or other types of natural disasters where notifications
from public safety are critical. Three mechanical sirens were installed at The Wedge,
Marina Park and in West Newport, sites that are low-lying, vulnerable areas of the City
where evacuations could be difficult during a disaster. When activated from the Police
Station, the system sounds very loud "air raid" type sirens to get community members'
attention so they will turn on their radio or television to seek further information. The
sirens are tested at a lower decibel level the first Friday of each month at noon.
Staff have been monitoring successful monthly low power tests of the siren system, but
when a full power test was conducted, it was discovered the system is not fully
operational. Staff then utilized the City's contracted acoustic specialist to conduct a full
test of the system and determine if it was performing according to design specifications.
During the test, only one of the sirens was operating at its full functional capability. We
then worked with the siren vendor, American Signal Corporation (ASC) based in
Milwaukee, Wisconsin, to evaluate and repair the system. They visited each site, but
were unable to make repairs and determined two of the sirens needed to be replaced.
This is due to mechanical parts in the sirens corroding in the coastal environment. ASC
provided a quote to replace the sirens and restore the system to full operation.
During that time, staff also researched other vendors and reached out to neighboring
coastal cities to determine if there are better, more modern outdoor warning notification
systems and sirens that are supported locally. After a thorough evaluation of the market,
staff recommends the purchase of an LRAD Corporation system. LRAD Corporation is
the only west coast emergency notification siren/speaker vendor, and reasonable
technician response is required to maintain the system. A key improvement over the
existing system is voice command capabilities. The new system will consist of three
horn/speaker arrays at the same locations as the current system, using existing electrical
power and pole structures.
Staff determined that it would be more economical and efficient to select a contractor
using a cooperative government purchasing agreement. Omnia Partners, Public Sector
(Omnia) is the largest nonprofit purchasing organization for public sector procurement.
Omnia was formed through the merger of two of the nation's leading cooperative
purchasing organizations, National IPA and U.S. Communities. Public agencies
competitively solicit bids and contracts for goods and services that Omnia makes
available to agencies nationwide. Agencies benefit from the reduced pricing made
possible by such large volume national contracts. The City has successfully used this
type of purchasing mechanism in the past for several products and services purchases.
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Mallory Safety & Supply, LLC (Mallory) was awarded Contract 400004895 following a
competitive solicitation by Fairfax County, Virginia for Public Safety and Emergency
Preparedness Equipment and related services under U.S. Communities.
Using this master contract, staff obtained a quote for the purchase and installation of new
LRAD Corporation outdoor warning system equipment. Mallory will remove the existing
equipment at each site and install the new system. A one-year maintenance/inspection
period, effective from the commissioning date, and a one-year standard warranty will be
provided by LRAD Corporation.
During a disaster, public safety officials can sound the siren and then give voice
commands over the speaker system instructing community members on exactly what to
do, and they do not have to turn to other media outlets to provide that information. In
addition, LRAD is working closely with the Federal Emergency Management Agency
(FEMA) and in the future will be extending their notification capabilities that will also utilize
the Wireless Emergency Alert (WEA) technology and others.
The cities of Huntington Beach and Laguna Beach have LRAD equipment and future joint
activation to streamline information is possible. Staff contacted neighboring agencies
who provided the LRAD Corporation with excellent reviews.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENTS:
Attachment A — Purchase, Installation and Maintenance Agreement with Mallory Safety
& Supply LLC
Attachment B — Quote from Mallory Safety & Supply LLC
Attachment C — Budget Amendment
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ATTACHMENT A
PURCHASE AND INSTALLATION AGREEMENT
WITH MALLORY SAFETY AND SUPPLY LLC FOR
PURCHASE AND INSTALLATION OF
TSUNAMI SIREN SYSTEM EQUIPMENT
THIS PURCHASE AND INSTALLATION AGREEMENT ("Agreement") is made and
entered into as of this 13th day of August, 2019 ("Effective Date") by and between the CITY
OF NEWPORT BEACH, a California municipal corporation and charter city ("City"), and
MALLORY SAFETY AND SUPPLY LLC, a Washington limited liability company
("Contractor"), whose principal place of business is 1040 Industrial Way, Longview,
Washington 98632, and is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws of
the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to provide and install public safety and emergency
preparedness equipment, generally described as a tsunami siren system, including
the provision of designated warranty services, as detailed in the Scope of Work
attached hereto as Exhibit "A" ("Project").
C. With the assistance of the U.S. Communities Government Purchasing Alliance ("U.S.
Communities"), the County of Fairfax, Virginia ("Lead Public Agency"), on behalf of
itself and all local government agencies ("Participating Public Agencies"), solicited
proposals from qualified providers for the provision and installation of public safety
and emergency preparedness equipment and related services ("Fairfax County
RFP"). Contractor responded to the Fairfax County RFP and executed that certain
Lead Public Agency Master Agreement, attached hereto and incorporated herein by
this reference as Exhibit °B" ("Lead Public Agency Master Agreement").
D. Pursuant to the Lead Public Agency Master Agreement, Contractor agreed that
Participating Public Agencies may procure from Contractor equipment and services
at the discounted prices therein, provided that each such Participating Public Agency
first registers with U.S. Communities and executes a Master Intergovernmental
Cooperative Purchasing Agreement ("MICPA"). City is registered with U.S.
Communities and is a Participating Public Agency. A copy of the City's executed
MICPA is attached hereto as Exhibit "C" and incorporated herein by this reference.
E. U.S. Communities is now part of OMNIA Partners, Public Sector, a purchasing
organization for public sector procurement, comprised of the nation's two leading
cooperative purchasing organizations, National IPA and U.S. Communities,
delivering value and savings for public agencies nationwide.
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F. Consistent with the City's registration and MICPA, and the City's procurement
practices, City solicited and received a proposal from Contractor to provide
equipment and services akin to those in the Lead Public Agency Master Agreement,
and City desires to retain Contractor to render such equipment and services pursuant
to the terms and conditions set forth in this Agreement.
G. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by the City for the Project, is familiar with all
conditions relevant to the performance of services and has committed to perform all
work required for the price specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. SCOPE OF WORK
1.1 Contractor shall provide all tangible items and perform all the services
described in the Scope of Work attached hereto as Exhibit "A" and incorporated herein by
reference. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and services and
Contractor is experienced in performing the work and services contemplated herein and, in
light of such status and experience, Contractor covenants that it will perform all Services in
a manner commensurate with community professional standards and with the ordinary
degree of skill and care that would be used under reasonably competent practitioners of the
same discipline under similar circumstances and that all materials will be of good quality.
1.2 Contractor shall perform everything required to be performed, and shall
provide and furnish all the labor, materials, necessary tools, expendable equipment and all
utility and transportation services necessary for the Project.
1.3 In consideration of the payment of the purchase price and subject to all the
terms and conditions hereof, Contractor shall install tsunami siren system equipment
(hereinafter referred to as "Products"), and provide warranty services, as listed and set forth
in Exhibit "A".
2. TIME OF PERFORMANCE
2.1 Time is of the essence in the performance of services under this Agreement
and Contractor shall complete the Project installation, implementation and acceptance
testing within the time set forth in Exhibit "A". The failure by Contractor to meet this schedule
may result in termination of this Agreement by City as outlined in Section 18 below.
2.2 Force Majeure. The time period(s) specified in Exhibit "A" for performance of
services rendered pursuant to this Agreement shall be extended because of any delays due
to unforeseeable causes beyond the control and without the fault or negligence of
Contractor, including but not restricted to acts of God or of the public enemy, unusually
severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes,
freight embargoes, wars, and/or acts of any governmental agency, including the City, if
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Contractor shall within ten (10) days of the commencement of such delay notify City in
writing of the cause of the delay. City shall ascertain the facts and extent of delay, and
extend the time for performing the services for the period of the enforced delay when and if
in the judgment of the City such delay is justified. City's determination shall be final and
conclusive upon the parties to this Agreement. In no event shall Contractor be entitled to
recover damages against City for any delay in performance of this Agreement, however
caused, Contractor's sole remedy being extension of the Agreement pursuant to this
Section.
3. TERM
Unless earlier terminated in accordance with Section 18 of this Agreement, this
Agreement shall continue in full force and effect until two years after completion of the
services agreed to herein or until August 13, 2024, whichever occurs first.
4. COMPENSATION
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and Exhibit "D" and
incorporated herein by reference. As full compensation for the performance and completion
of the Project, City shall pay to Contractor and Contractor accepts as full payment the sum
of Two Hundred Thousand Five Hundred Thirty Four Dollars and 711100 ($200,534.71).
Additionally, the City has allocated a contingency amount of Twenty Thousand Dollars
and 001100 ($20,000.00) for unexpected costs, for a total not to exceed amount of Two
Hundred Twenty Thousand Five Hundred Thirty Four Dollars and 711100
($220,534.71). No portion of the contingency shall be expended without prior written
approval of City's Project Administrator. No billing rate changes shall be made during the
term of this Agreement without the prior written approval of City.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name of the person who
performed the Work, a brief description of the Services performed and/or the specific task
in the Scope of Services to which it relates, the date the Services were performed, the
number of hours spent on all Work billed on an hourly basis, and a description of any
reimbursable expenditures. City shall pay Contractor no later than thirty (30) calendar days
after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit "A" to this Agreement or specifically approved in writing in advance by
City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any Work
that is determined by City to be necessary for the proper completion of the Project, but which
is not included within the Scope of Services and which the parties did not reasonably
anticipate would be necessary at the execution of this Agreement. Compensation for any
authorized Extra Work shall be paid in accordance with the Schedule of Billing Rates as set
forth in Exhibit "D".
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4.5 Contractor shall provide City with a minimum fourteen (14) days' notice of its
dates of installation to enable the City to prepare the installation sites for the Products in
accordance with the instructions of Contractor. The City shall complete site preparation
prior to the date of installation of the Products, and the site shall thereafter be available for
inspection and approval. All costs and expenses related to the site preparation shall be at
the sole expense of City.
4.6 Extra Work. Contractor shall not receive any compensation for Extra Work
without the prior written authorization of the City. As used herein, "Extra Work" means any
work that is determined by the City to be necessary for the proper completion of the Project,
but which is not included in the Purchase Price as specified in Exhibit "D", and which parties
did not reasonably anticipate would be necessary. Compensation for any authorized Extra
Work shall be paid in accordance with the rates set forth in Exhibit "D".
5. PROJECT MANAGER
Contractor shall designate a Project Manager, who shall coordinate all phases of the
Project. This Project Manager shall be available to City at all reasonable times during the
term of the Agreement. Contractor has designated Allison Windsor to be its Project
Manager. Contractor shall not remove or reassign the Project Manager without the prior
written consent of City. City's approval shall not be unreasonably withheld.
6. ADMINISTRATION
This Agreement will be administered by the Police Department. City's Police
Department Deputy Director or designee shall be the Project Administrator and shall have
the authority to act for City under this Agreement.
7. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
7.1 Contractor shall use only the standard materials described in Exhibit "A" in
performing services under this Agreement. Any deviation from the materials described in
Exhibit "A" shall not be installed unless approved in advance by the City Project
Administrator.
7.2 All of the services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform the
services required by this Agreement, and that it will perform all services in a manner
commensurate with community professional standards. All services shall be performed by
qualified and experienced personnel who are not employed by City, nor have any
contractual relationship with City.
8. RESPONSIBILITY FOR DAMAGES OR INJURY
8.1 City and all officers, employees and representatives thereof and all persons
and entities owning or otherwise in legal control of the property upon which Contractor
performs the Project and/or Services shall not be responsible in any manner for any loss or
damage to any of the materials or other things used or employed in performing the Project
or for injury to or death of any person as a result of Contractor's performance of the services
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required hereunder; or for damage to property from any cause arising from the performance
of the Project and/or Services by Contractor, or its subcontractors, or its workers, or anyone
employed by either of them, unless caused by the City's negligent acts, omissions, or willful
misconduct.
8.2 Contractor shall be responsible for any liability imposed by law and for injuries
to or death of any person or damage to property resulting from defects, obstructions or from
any cause to the extent arising from the negligent acts, omissions, or willful misconduct of
the Contractor' or any subcontractor or supplier selected by the Contractor.
8.3 To the fullest extent permitted by law, Contractor shall indemnify, defend and
hold harmless City, its City Council, boards and commissions, officers, agents, volunteers,
employees, and any person or entity owning or otherwise in legal control of the property
upon which Contractor performs the Project and/or Services contemplated by this
Agreement (collectively, the "Indemnified Parties") from and against: (1) any and all claims
(including, without limitation, claims for bodily injury, death or damage to property),
demands, obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liability, costs and expenses (including, without limitation, attorneys' fees,
disbursements and court costs) of every kind and nature whatsoever (individually, a Claim;
collectively, "Claims"), which may arise from or in any manner relate (directly or indirectly)
to any breach of the terms and conditions of this Agreement, and Work performed or
Services provided under this Agreement including, without limitation, defects in
workmanship or materials or Contractor's presence or activities conducted on the Project
(including the negligent and/or willful acts, errors and/or omissions of Contractor, its
principals, officers, agents, employees, vendors, suppliers, consultants, subcontractors,
anyone employed directly or indirectly by any of them or for whose acts they may be liable
or any or all of them); (2) use of improper materials in performing this Project including,
without limitation, defects in workmanship or materials and/or design defects; and/or (3) any
and all claims asserted by Contractor's subcontractors or suppliers on the Project, and shall
include reasonable attorneys' fees and all other costs incurred in defending any such claim.
Contractor's liability in this Subsection shall be limited to the maximum amount of its
insurance coverage for claims arising out non -negligent and non -intentional acts performed
under this Agreement. Contractor shall not be held responsible for consequential or special
damages, or claims made to City for such consequential or special damages. Nothing
herein shall require Contractor to indemnify City from the negligence or willful misconduct of
City, its officers or employees.
8.4 Intellectual Property Indemnity - Contractor shall defend, indemnify and hold
City, its agents, officers, representatives, employees and City Council, boards and
commissions harmless from any proceeding brought against City for any intentional or
unintentional violation of the intellectual property rights of any third party with respect to
Products deliverables purchased in this Agreement This indemnification shall include, but
is not limited to, infringement of any United States' letters patent, trademark, or copyright
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infringement, including costs, contained in Contractor's deliverables provided under this
Agreement.
8.5 Contractor shall perform all Project work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall perform work as specified in Exhibit "A" to limit impacts to traffic during the
system installation period. Contractor shall be liable for any private or public property
damaged during the performance of the Project work.
8.6 Contractor shall provide traffic control and access in accordance with Section
7-10 of the State Standard Specifications and the latest edition of the Work Area Traffic
Control Handbook (WATCH), as published by Building News, Inc.
8.7 Traffic control and detours shall at a minimum meet the following
requirements:
8.7.1 Emergency vehicle access shall be maintained at all times.
8.7.2 The locations and wordings of all barricades, signs, delineators, lights,
warning devices, parking restrictions, and any other required details shall ensure that all
pedestrian and vehicular traffic will be handled in a safe manner with a minimum of
inconvenience to the public.
8.7.3 All advanced warning sign installations shall be reflectorized and/or
lighted.
8.7.4 Traffic signal system shutdown or planned "red flash" shall be limited
to 4 -hour periods between the hours of 9:00 a.m. and 3:00 p.m. on weekdays (Monday
through Thursday), except as authorized by the Project Administrator.
8.7.5 "STOP AHEAD" and "STOP" signs shall be furnished by the
Contractor and shall conform to the provisions in Section 12-3.06, "Construction Area
Signs," of the State Standard Specifications except that the base material for the signs shall
not be plywood. Two "STOP AHEAD" signs and two "STOP" signs shall be placed for each
direction of traffic. Locations of the signs shall be per the WATCH manual.
8.8 Nothing in this Section shall be construed as authorizing any award of
attorney's fees in any action to enforce the terms of this Agreement, except to the extent
provided in Section 8.3 above.
8.9 The rights and obligations set forth in this Section shall survive the termination
of this Agreement.
9. INDEPENDENT CONTRACTOR
City has retained Contractor as an independent contractor and neither Contractor nor
its employees, nor any of its subcontractors, are to be considered employees of the City.
The manner and means of conducting the work are under the control of Contractor, except
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to the extent they are limited by statute, rule or regulation and the express terms of this
Agreement. No civil service status or other right of employment shall accrue to Contractor
or its employees.
10. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated Project
Administrator and any other agencies that may have jurisdiction or interest in the work to be
performed. City agrees to cooperate with the Contractor on the Project.
11. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement of
work, Contractor shall obtain, provide and maintain at its own expense during the term of
this Agreement or for other periods as specified in this Agreement, policies of insurance of
the type, amounts, terms and conditions described in the Insurance Requirements attached
hereto as Exhibit "E", and incorporated herein by reference.
12. BONDING
12.1 Contractor shall obtain, provide and maintain at its own expense during the
term of this Agreement: a Labor and Materials Payment Bond in the amount of one hundred
percent (100%) of the total amount to be paid Contractor as set forth in this Agreement and
in the form attached hereto as Exhibit "F" which is incorporated herein by this reference; and
a Faithful Performance Bond in the amount of one hundred percent (100%) of the total
amount to be paid Contractor as set forth in this Agreement in the form attached hereto as
Exhibit "G" which is incorporated herein by this reference.
12.2 The Labor and Materials Payment Bond and Faithful Performance Bond shall
be issued by an insurance organization or surety (1) currently authorized by the Insurance
Commissioner to transact business of insurance in the State of California, (2) listed as an
acceptable surety in the latest revision of the Federal Register Circular 570, and (3) assigned
a Policyholders' Rating A (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide: Property -Casualty.
12.3 The Contractor shall deliver, concurrently with execution of this Agreement,
the Labor and Materials Payment Bond and Faithful Performance Bond, a certified copy of
the "Certificate of Authority" of the Insurer or Surety issued by the Insurance Commissioner,
which authorizes the Insurer or Surety to transact surety insurance in the State of California.
13. PREVAILING WAGES
13.1 Pursuant to the applicable provisions of the Labor Code of the State of
California, not less than the general prevailing rate of per diem wages including legal
holidays and overtime work for each craft or type of workman needed to execute the work
contemplated under the Agreement shall be paid to all workmen employed on the work to
be done according to the Agreement by the Contractor and any subcontractor. In
accordance with the California Labor Code (Sections 1770 et seq.), the Director of Industrial
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Relations has ascertained the general prevailing rate of per diem wages in the locality in
which the work is to be performed for each craft, classification, or type of workman or
mechanic needed to execute the Agreement. A copy of said determination is available by
calling the prevailing wage hotline number (415) 703-4774, and requesting one from the
Department of Industrial Relations. The Contractor is required to obtain the wage
determinations from the Department of Industrial Relations and post at the job site the
prevailing rate or per diem wages. It shall be the obligation of the Contractor or any
subcontractor under him/her to comply with all State of California labor laws, rules and
regulations and the parties agree that the City shall not be liable for any violation thereof.
13.2 Unless otherwise exempt by law, Contractor warrants that no contractor or
subcontractor was listed on the bid proposal for the Services that it is not currently registered
and qualified to perform public work. Contractor further warrants that it is currently
registered and qualified to perform "public work" pursuant to California Labor Code section
1725.5 or any successor statute thereto and that no contractor or subcontractor will engage
in the performance of the Services unless currently registered and qualified to perform public
work.
14. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform work on this Project are
identified in Exhibit "A". Contractor shall be fully responsible to City for all acts and omissions
of any subcontractor. Nothing in this Agreement shall create any contractual relationship
between City and any subcontractor nor shall it create any obligation on the part of City to
pay or to see to the payment of any monies due to any such subcontractor other than as
otherwise required by law. City is an intended beneficiary of any work performed by the
subcontractor for purposes of establishing a duty of care between the subcontractor and
City. Except as specifically authorized herein, the services to be provided under this
Agreement shall not be otherwise assigned, transferred, contracted or subcontracted out
without the prior written approval of City.
15. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue work as a result of such withholding. Contractor shall have an immediate right
to appeal to the City Manager or his/her designee with respect to such disputed sums.
Contractor shall be entitled to receive interest on any withheld sums at the rate of return that
City earned on its investments during the time period, from the date of withholding of any
amounts found to have been improperly withheld.
16. CONFLICTS OF INTEREST
16.1 The Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et sea.,
which (1) require such persons to disclose any financial interest that may foreseeably be
materially affected by the work performed under this Agreement, and (2) prohibit such
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persons from making, or participating in making, decisions that will foreseeably financially
affect such interest.
16.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach and
is grounds for immediate termination of this Agreement by City. Contractor shall indemnify
and hold harmless City for any and all claims for damages resulting from Contractor's
violation of this Section.
17. NOTICES
17.1 All notices, demands, requests or approvals to be given under the terms of
this Agreement shall be given in writing, to City by Contractor and conclusively shall be
deemed served when delivered personally, or on the third business day after the deposit
thereof in the United States mail, postage prepaid, first-class mail, addressed as hereinafter
provided. All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attention: Police Department, Deputy Director
City of Newport Beach
100 Civic Center Drive
P.O. Box 1768
Newport Beach, CA 92658
17.2 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attention: Allison Windsor
Mallory Safety and Supply LLC
1040 Industrial Way
Longview, Washington 98632
18. TERMINATION
18.1 Termination With Cause - In the event that either party fails or refuses to
perform any of the provisions of this Agreement at the time and in the manner required, that
party shall be deemed in default in the performance of this Agreement. If such default is not
cured within a period of five (5) calendar days, or if more than five (5) calendar days are
reasonably required to cure the default and the defaulting party fails to give adequate
assurance of due performance within five (5) calendar days after receipt of written notice of
default, specifying the nature of such default and the steps necessary to cure such default,
the non -defaulting party may terminate the Agreement forthwith by giving to the defaulting
party written notice thereof.
18.2 Termination Without Cause. Notwithstanding the above provisions, City shall
have the right, at its sole discretion and without cause, of terminating this Agreement at any
time by giving seven (7) calendar days prior written notice to Contractor. In the event of
termination under this Section, City shall pay Contractor for services satisfactorily performed
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and costs incurred in the performance of such services up to the effective date of termination
for which Contractor has not previously been paid. In the event of termination under this
Section, City shall also pay Contractor for all Products, associated materials, and hardware
delivered to City site under this Agreement that City deems usable.
19. EFFECT OF CONTRACTOR'S EXECUTION
Execution of this Agreement by Contractor is a representation that Contractor has
visited the Project site(s), has become familiar with the local conditions under which the work
is to be performed, and has taken into consideration these factors in submitting its Project
proposal and Scope of Work.
20. WARRANTY
20.1 Contractor warrants to City that all Products to be delivered hereunder will be
free from defects in material or workmanship and will be of the kind and quality designated
or specified by Contractor in Exhibit "A". The warranty shall apply only to defects appearing
within two years from the date of final acceptance by City for hardware products not
manufactured by the Contractor, and two years from the date of final acceptance by City for
hardware products manufactured by Contractor. If Contractor installs the Products and
associated hardware and materials, or supplies technical directions of installation by
Agreement, the warranty period shall run from the date of final acceptance of installation by
City, provided same is not unreasonably delayed by City.
20.2 If Contractor -manufactured products delivered hereunder does not meet the
above warranty, and if City promptly notifies Contractor in writing, Contractor shall thereupon
correct any defect, including non-conformance with the specifications, either (at its option)
by repairing any defective or damaged parts of the products, or by making available any
necessary replacement parts, delivered and installed without additional charge to City within
seven (7) working days. City will return the defective product to Contractor, at Contractor's
expense. Contractor shall repair or replace the defective item and return it to City, shipping
costs prepaid. Contractor shall perform any necessary testing, hardware and products
removal, repair, replacement, certification, and installation at no cost to the City during the
warranty period, using Contractor's products.
20.3 The foregoing warranty is exclusive and in lieu of all other warranties, whether
written, oral, implied or statutory. Contractor does not warrant any equipment of other
manufacture designated by City.
21. REPRESENTATIONS
21.1 Non -infringement. Contractor represents that to the best of its knowledge the
technology embodied in the Products sold herein does not infringe upon a United States
patent or United States copyright in effect as of the Effective Date.
21.2 Authori . Each party represents as follows: (a) that it has full power and
authority to execute, deliver and perform its obligations under this Agreement; (b) that there
are no actions, proceedings or investigations, pending or, to the best of each party's
knowledge, threatened against such party which may in any manner whatsoever materially
Mallory Safety and Supply LLC Page 10
12-13
affect the enforceability of this Agreement or the rights, duties and obligations of the parties
hereunder; and (c) that the execution, delivery and performance of this Agreement will not
constitute a breach or default under any agreement, law or court order under which such
party is a party or may be bound or affected by or which may affect the rights, duties and
obligations hereunder.
21.3 No Other Representations. Each party acknowledges and agrees that it is
relying on no representation of the other party except as expressly set forth herein.
22. CONFIDENTIAL INFORMATION.
22.1 Confidential Information. In the performance of this Agreement or in
contemplation thereof, the parties and their respective employees and agents may have
access to private or confidential information owned or controlled by the other party and such
information may contain proprietary details and disclosures. All information and data
identified in writing as proprietary or confidential by either party ("Confidential Information")
and so acquired by the other party or its employees or agents under this Agreement or in
contemplation thereof shall be and shall remain the disclosing party's exclusive property.
The recipient of Confidential Information shall use all reasonable efforts (which in any event
shall not be less than the efforts the recipient takes to ensure the confidentiality of its own
proprietary and other confidential information) to keep, and have its employees and agents
keep, any and all Confidential Information confidential, and shall not copy, or publish or
disclose it to others, nor authorize its employees, agents or anyone else to copy or disclose
it to others, without the disclosing party's written approval; nor shall the recipient make use
of the Confidential Information except for the purposes of executing its obligations
hereunder, and (except as provided for herein) shall return the Confidential Information and
data to the first party at its request. The City's duty to maintain confidentiality as described
hereunder shall be subject to the laws of the State of California.
22.2 Excluded Information. The foregoing conditions will not apply to information
or data which is, or which becomes generally known to the public by publication or by any
means other than a breach of duty on the part of the recipient hereunder, is information
previously known to the recipient, is information independently developed by or for the
recipient or is information generally released by the owning party without restriction.
22.3 Right to Injunctive Relief. Because of the unique nature of the Confidential
Information, the parties agree that each party may suffer irreparable harm in the event that
the other party fails to comply with any of its obligations under this Section, and that
monetary damages may be inadequate to compensate either party for such breach.
Accordingly, the parties agree that either party will, in addition to any other remedies
available to it at law or in equity, be entitled to seek injunctive relief to enforce the terms of
this Section.
23. ASSIGNMENT
This Agreement shall not be assigned by any party, or any party substituted, without
prior written consent of the City and the Contractor.
Mallory Safety and Supply LLC Page 11
12-14
24. STANDARD PROVISIONS
24.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference into this Agreement.
24.2 Compliance with all Laws. Contractor shall at its own cost and expense
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject to
approval of the Project Administrator and City.
24.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant or condition contained herein, whether of the same
or a different character.
24.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
24.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
24.6 Interpretation. The terms of this Agreement shall be construed in accordance
with the meaning of the language used and shall not be construed for or against either party
by reason of the authorship of the Agreement or any other rule of construction which might
otherwise apply.
24.7 Amendments. This Agreement may be modified or amended only by a written
document executed by both Contractor and City and approved as to form by the City
Attorney.
24.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
24.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this Agreement
shall be adjudicated in a court of competent jurisdiction in the County of Orange, State of
California.
24.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee or
applicant for employment because of race, religion, color, national origin, handicap,
ancestry, sex, age or any other impermissible basis under law.
Mallory Safety and Supply LLC Page 12
12-15
24.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
24.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Mallory Safety and Supply LLC Page 13
12-16
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: 55-.4. 1.9
By: L, A a {rare
Wont. Harp 00-- 040.11
Gity Attorney
ATTEST:
Date:
In
Leilani I. Brown
City Clerk
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
By:
Diane B. Dixon
Mayor
CONTRACTOR: Mallory Safety and
Supply LLC, a Washington limited liability
company
Date:
By:
Tim Loy
Chief Executive Officer
Date:
Brian Loy
Chief Financial Officer
[END OF SIGNATURES]
Attachments: Exhibit A — Scope of Services
Exhibit B — Lead Public Agency Master Agreement
Exhibit C — Master Intergovernmental Cooperative Purchasing Agreement
Exhibit D — Schedule of Billing Rates
Exhibit E - Insurance Requirements
Exhibit F — Labor and Materials Payment Bond
Exhibit G — Faithful Performance Bond
Mallory Safety and Supply LLC Page 14
12-17
EXHIBIT A
SCOPE OF SERVICES
PURCHASE and INSTALLATION OF
LRAD Corporation manufactured Early Warning Mass Notification System
LRAD Corporation Equipment to be provided by Contractor shall consist of the components
specified in Exhibit D of this agreement
Work is to commence upon issuance of a notice to proceed by the City and shall be
completed promptly and without unreasonable delay.
SITE LOCATIONS:
1. West Newport Park — 5700 Seashore Dr. Newport Beach, CA 92663
Existing siren located at 33°37'30.2"N, 117°56'48.9"W
2. Marina Park Lighthouse Tower —1600 W Balboa Blvd, Newport Beach, CA 92663
Existing siren located at 33036'29.5"N, 117°55'21.5"W
3. West Jetty View Park — 2300 Channel Rd, Newport Beach, CA 92661
Existing siren located at 33°35'44.1"N, 117°52'55.2"VII
1. INSTALLATION SERVICES
Installation at each site consists of:
• Disconnect 11 OVAC power from existing system.
• Remove and dispose of existing siren equipment.
• Mount and orient loudspeaker arrays at top of pole.
• Mount and align satellite receiver.
• Mount and align solar panel if applicable.
• Mount and connect amplifier cabinet.
• Connect 11 OVAC, 20A power to cabinet.
• Connect all signal and communications lines.
2. UNFORESEEN INSTALLATION CHARGES
Unforeseen installation costs shall be quoted and approved via Change Order, including,
but not limited to:
• Encountering impenetrable rock or other substrate while digging if applicable.
• Encountering water saturation requiring additional supporting sleeve for pole
installation.
• Traffic control if required.
• Tree trimming or removal for unobstructed solar incidence on solar panel or
signal path to satellite.
Mallory Safety and Supply LLC Page A-1
12-18
• Special construction permits as required by local laws and regulations.
• Encounter any defect with the existing infrastructure that may require
replacement, modification or repair.
3. TESTING, COMMISSIONING AND TRAINING
On-site testing, commissioning and training will be performed by a qualified LRAD
technician. The technician will be on site for these activities which will be performed as
follows..
• Test and record satellite signal strength and network connectivity.
• Test and record solar (if present) and AC battery charging system performance.
• Test activation of loudspeaker at each site and use the local activation controls
with approval from local authorities.
• Setup and test of the PC system used for command and control. Record system
status for all systems.
• System deployment and operation training.
• System operation training for fixed systems with manual controls.
• Troubleshooting and maintenance training.
4. WARRANTY
A 1- year manufacturer warranty is included as standard. A manufacturer inspection
agreement is included. Warranty covers manufacturing or installation defects for one year
after the system commissioning is completed.
Anything outside of the standard warranty and agreement shall coordinated between the
manufacturer and the City along with any prices/quotes and charges and necessary
agreements or purchase orders.
Attachments:
LRAD Warranty
LRAD Annual Inspection Agreement
Mallory Safety and Supply LLC Page A-2
12-19
• t
Warranty
Seller warrants that on the date of shipment of the Products and for a period of one (1) year from the date
of shipment of the Products that the Products shall be free from defects in materials and workmanship.
Seller will repair or replace without charge F.O.B. Seller's factory, any Product or product part which fails
to comply with the foregoing warranty and is returned to Seller's factory within the warranty period.
THE FOREGOING WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES EXPRESS
OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY OF
MERCHANTABILITY AND ANY WARRANTY OF SUITABILITY FOR A PARTICULAR
PURPOSE. IT IS EXPRESSLY STATED THAT SELLER ASSUMES NO LIABILITY FOR
CONSEQUENTIAL OR LIQUIDATED DAMAGES ARISING OUT OF THE SALE OF THE
PRODUCTS OR A BREACH OF THE WARRANTY CONTAINED HEREIN, AND BUYER'S
REMEDY SHALL BE LIMITED TO REPAIR OR REPLACEMENT OF DEFECTIVE PRODUCTS OR
PRODUCT PARTS AS DESCRIBED ABOVE. FURTHER, SELLER DOES NOT WARRANT AND
BUYER IS RESPONSIBLE TO ENSURE THAT THE PRODUCT PURCHASED COMPLIES WITH
APPLICABLE LOCAL, MUNICIPAL, STATE AND FEDERAL LAWS, ORDINANCES,
REGULATIONS AND CODES, IF ANY.
The foregoing warranty shall not apply to any Products or product parts which have been (a) repaired or
altered by any party other than Seller unless such repair or alteration has been specifically approved in
writing by Seller, (b) subjected to misuse, negligence or accident, or (c) used in a manner or in an
application other than that recommended by Seller. Seller will not be responsible for any damage to any
Product or product part that occurs during or after shipment or during or after instillation.
Limitation of Liability; Commencement of Actions
In no event shall Seller or its subcontractors be liable for any loss, damage, cost of repairs, incidental,
indirect, punitive or consequential damages of any kind, including, but not limited to loss of use of
facilities and equipment or loss of profit, for any reason, whether based upon any warranty, or arising in
contract, tort, negligence or strict liability or otherwise arising in connection with the design,
manufacture, sale, use or repair of the Products sold hereunder. Nor shall Seller or its subcontractors be
liable to Indemnify owner and/or contractor for claims for such consequential, incidental, indirect, or
punitive damages. Further, in no event will Seller be liable to Buyer for more than the purchase price of
the Products sold hereunder. Any action, regardless of form, arising out of this contract must be
commenced by Buyer within one (1) year after the cause of action has accrued, or two (2) years from the
date of shipment, whichever first expires.
12-20
�LRAD
Annual Inspection Agreement
Definitions
This chapter defines the meanings of a set of terms used along the document. Apart from
these definitions, the terms defined in the Master License and Services Agreement (the
"Agreement") shall govern.
Speaker Array — means the cluster of the speakers that houses drivers
Cabinet Control — means the enclosure that houses the amplifier, batteries, chargers, MP3
Player and other circuitry
Connectivity — The connection between the cabinet control and the software activation
Software — means the software to activate the system
Solar Panels — Panels that are connected to the cabinet control
Trouble Report — or TR
Acknowledgement means LRAD's acknowledgement of a Trouble Report;
Category 1 Fault means a Fault that causes a "loss of service" provided by the Solution,
where "loss of service" means:
(a) the Solution is unable to activate the speaker arrays;
(b) the Solution is unable to send SMS messages to the SMS provider (in the case the
SMS is part of the scope of the contract);
(c) the Solution is unable to connect to the speaker arrays;
Important note: the connectivity from the speaker arrays to the software of the Solution is
supported by third parties (service providers), as well as the SMS sending (SMS providers
and mobile network carriers). Therefore, they will not be in the scope of the support services
and the service level agreement of LRAD.
Emergency is defined in Table 1 (Severity Levels and Definitions) in Paragraph Error!
Reference source not found.;
Final Correction has the meaning given to it in the Support Services Policy, attached as
Appendix 1 to the Agreement;
Help Desk has the meaning given to it in the Support Services Policy;
Response has the meaning given to it in the Support Services Policy;
Restoration has the meaning given to it in the Support Services Policy;
Trouble Report or TR has the meaning given to it in the Support Services Policy;
Trouble Report Response or TR Response has the meaning given to it in the Support
Services Policy;
Service Levels page 1 of 2
12-21
CRAD
Scone of Work
(a) The Annual Inspection must be provided within one year of installation at an
agreed upon time with the client. This inspection will be provided on site. The
client shall assist in access to the sites.
(b) During testing, the client will assist remotely to perform tests from the remote
system.
(c) LRAD will inspect each site which includes inspections of the required
connections, contactors, log information. The log information will determine the
health status of the chargers, amplifiers and drivers.
(d) LRAD will perform a visual inspection on the speaker arrays and if it is
determined that a lift is needed to replace or modify the speaker arrays, this will be
considered an optional service at an agreed upon price.
(e) LRAD will check the connectivity of the system and may require to make noise
out of the speakers at a low volume.
(f) The Client may determine to provide an annual test at full volume. If requested by
the Client, LRAD will support this test.
(g) LRAD will test the batteries (load) if applicable and the power charging
mechanism.
(h) If solar panels are installed, LRAD will observe and inspect the panels. LRAD will
provide any recommendations and clean if necessary.
(i) LRAD will review the software and assist in uploading any updates and review the
log file with the Client.
{j) LRAD will respond with 8 hours or earlier if the system requires any issues. Issues
may include but not limited to software that can be fixed remotely, simple trouble
shooting over the phone and/or if required a person to be on site.
(k) Acts of God, human interference such as vandalism, accident to the pole or
structure etc... will require additional charges that are not included in this
agreement.
Service Levels page 2 of 2
12-22
EXHIBIT B
LEAD PUBLIC AGENCY MASTER AGREEMENT
(see attached)
Mallory Safety and Supply LLC Page B-1 12-23
County of Fairfax, Virginia
To protect and enrich the quality of life for the people, neighborhoods and diverse communities of Fairfax
County
Date of Award: JUN " 7.2018
Safeware, Inc.
4403 Forbes Blvd
Lanham, MD 20706
Attention: Rick Bond, Vice President of Sales
Reference: RFP2000002547; Public Safety and Emergency Preparedness Equipment and
Related Services
Dear Mr. Bond:
Acceptance Agreement
Contract Number: 4400008468
This acceptance agreement signifies a contract award for Public Safety and Emergency
Preparedness Equipment and Related Services. The period of the contract shall be from
October 1, 2018 through September 30, 2023 with renewals of five (5) additional years, one
(1) year at a time or a combination of the years, by mutual agreement of both parties.
The contract award shall be in accordance with:
1) This Acceptance Agreement; and
2) The Attached Memorandum of Negotiations.
Please note that this is not an order to proceed. A Purchase Order, which constitutes your
notice to proceed, will be issued to your firm. Please provide your Insurance Certificate
according to Fairfax County Special Provisions, Section 1 (Insurance) within ten (10) days
after receipt of this letter.
Sincerely,
aa)I
g
Cathy A. Mu &, CPPO
Director/County Purchasing Agent
4D
Department of Procurement & Material Management
12000 Government Center Parkway, Suite 427
Fairfax, VA 22035-0013
Website: www.fairfaxcountv.eov/dpmm
Phone 703-324-3201, TTY: 1-800-828-1140, Fax: 703-324-3228
12-24
County of Fairfax, Virginia
To protect and enrich the quality of life for the people, neighborhoods and diverse communities of Fairfax
1742 County
a►
MEMORANDUM OF NEGOTIATIONS
RFP 2600002547
Public Safety and Emergency Preparedness Equipment and Related Services
The County of Fairfax (hereinafter called the County) and Safeware, Inc. and Mallory Safety and Supply,
LLC. (hereinafter called the Contractor) hereby agree to the following in the execution of Contract
4400008468 with Safeware. Inc. and Contract 4400008495 with Mallory Safety and Supply, LLC.
(hereinafter called the Contract) for the provision of public safety and emergency preparedness
equipment and related services. The final Contract contains the following documents:
a. The County's Request for Proposal RFP 2000002547 and all Addenda;
b. The Contractor's Technical Proposal and Cost Proposal dated March 8, 2018;
Q The Contractor's response to clarification questions dated March 28, 2018.
d. The Contractors response to items for negotiation dated April 12, 2018.
e. This Memorandum of Negotiations;
f. County's purchase order,
g. Any subsequent amendments to the Contract.
In addition, the County and the Contractor agree to the following:
The parties to this Contract acknowledge that Safeware, Inc. submitted a proposal, on behalf of
Safaware, Inc. and Mallory Safety and Supply, LLC., In response to RFP2000002547. Mallory
Safety and Supply, LLC. acknowledges and agrees to provide public safety and emergency
preparedness equipment and related services to Participating Public Agencies of the states of
Alaska, Hawaii, Washington, Oregon, California, Arizona, Nevada, New Mexico, Wyoming, Idaho,
Montana, and Utah and to assume all responsibilities and obligations under this Contract for Its
designated territory. Safeware, Inc. acknowledges and agrees to provide public safety and
emergency preparedness equipment and related services to Participating Public Agencies
located in all other states of the United States, not identified above and to assume all
responsibilities and obligations under this Contract for its designated territory. Contract number
4400008468 has been assigned to Safeware, Inc. and Contract number 4400008495 has been
assigned to Mallory Safety and Supply LLC. to facilitate ordering.
2. The Contractor shall provide eCommerce rebates as outlined below:
• If 30%-69.99% of total invoiced sales are received by website orders at the conclusion of
each contract year, a 0.5% rebate will be provided on purchases made through
ecommerce.
• If 70% or greater of total Invoiced sales are received by website orders at the conclusion
of each contract year, a 11% rebate will be provided on purchases made through
ecommerce.
o Conditions: The agency total purchases for the annual contract period must be
greater than $20,000. Ecommerce Is defined as any order placed through
Safeware or Mallary's website or fully Integrated third party marketplace where
the Participating Public Agency's orders and Safeware-Mallory's Invoices are
transacted via EDI, XML or cXML. Ecommerce rebates cannot be combined with
other rebates, early payment discounts, or where the buying agency or
procurement platform charges an administrative or transaction fee.
Department of Procurement& Material Management
12000 Government Center Parkway, Suite 427
Fairfax. VA 22035-0013
Website: www.fairfaxcountv.eov/dnmm
Phone 703-324-3201, TTY: 1-800-828-1140. Fax: 703-324-3228
12-25
Memorandum of Negotiations
RFP2000002547
Page 2
3. Large sales greater than $20,000 may be eligible for additional price discounts from manufacturers and
will be automatically flagged In the Contractor's system to seek additional price concessions from
manufacturers.
4. For purchase of services under this Contract, the Contractor shall provide a minimum of 10% discount
from Safeware and Mallory's list price. The pricing for services may be negotiated to a lower price.
5. The Contractor acknowledges and agrees that the County and the Participating Public Agencies reserve
the right to review and negotiate the license and maintenance terms and conditions prior to any purchase
of software under this Contract and that the Contractor will provide full support for executing the
negotiated rrcense/maintenance agreement(s) by the County/Participating Public Agencies and the
software publisher. The Contractor also agrees to obtain agreement from its software publishers that
their shrink wrap, browse wrap, click through, or similar processes are for access purposes only, and arty
terms and conditions offered In or referenced by those procedures will have no force or effect.
6. The Contractor shall hold the discount rate of 41 % for equipment and 10% for services firm for the entire
contract term Including renewal periods.
7. The parties mutually agree that the first sentence of Paragraph 1.3 of Section 1 titled Insurance (Fairfax
County Special Provisions) Is deleted and is replaced with the following language:
No change, cancellation, or non -renewal shall be made In any insurance coverage without a thl&Aav
written notice to the County Purchasing Agent and/or Risk Manager.
B. The parties mutually agree that the Paragraph 1.2 b. of Secgcn 1 titled Insurance (Fairfax County Special
Provisions) is deleted and is replaced with the following language:
The contractor agrees to maintain Commercial General Liability Insurance in the amount of $1,000,000
per occurrence/aggregate, to protect the contractor, its subcontractors, and the Interest of the County,
against any and all injuries to third parties, Including bodily Injury and personal injury, wherever located,
resulting from any action or operation under the contract or in connection with contracted work.
ACCEPTED BY:
14, -6
rf
Safeware, Inc. V Date
Mallory Safety and 86pply, LLC. Date
OdL;'�_
I L� (o /7
Cathy A. Mus4l CPO Date
Dlrector/Counlry Purchasing Agent
12-26
EXHIBIT C
MASTER INTERGOVERNMENTAL COOPERATIVE
PURCHASING AGREEMENT
(see attached)
Mallory Safety and Supply LLC Page C-1 12-27
U.S. COMMUNITIES'
GUVEIZN.SE,!'I' PURCHASING ALLIANCE
10
tINJASTER INTERGOVERNMENTAL COOPERATIVE PURCHASING AGREEMENT
This Master Intergoventmental Cooperative Purchasing Agreement ("Agreement") is made between certain government
agencies that execute a Lead Public Agency Certificate (collectively, "Lead Public Agencies") to be appended and made a
part hereof and other government agencies ("Participating Public Agencies") that agree to the terms and conditions hereof
through the U.S. Communities registration process and made a part hereof.
RECITALS
WHEREAS, after a competitive solicitation and selection process by Lead Public Agencies. in compliance with their own
policies, procedures, rules and regulations. a number of suppliers (each. a "Contract Supplier") have entered into Master
Agreements with Lead Public Agencies to provide a variety of goods, products and services based on national and
international volumes (herein "Products and Services");
WHEREAS, Master Agreements arc made available by Lead Public Agencies through U.S. Communities and provide that
Participating Public Agencies may purchase Products and Services on the same terms, conditions and pricing as the Lead
Public Agency, subject to any applicable local purchasing ordinances and the laws of the State of purchase;
WHEREAS, the parties desire to comply with the requirements and fonnalities of any intergovernmental cooperative act. if
applicable, to the laws of the State of purchase.
WHEREAS. the parties hereto desire to conserve resources and reduce procurement cost;
WHEREAS, the parties hereto desire to improve the efficiency. effectiveness and economy of the procurement of necessary
Products and Services;
NOW. "THEREFORE, in consideration of the mutual promises contained in this Agreement, and of the mutual benefits to result.
tine parties agree as follows:
I. That each party will facilitate the cooperative procurement of Products and Services.
2. That the procurement of Products and Services subject to this Agreement shall be conducted in accordance with and subject
to the relevant statutes, ordinances, rules and regulations that govern each party's procurement practices.
3. That the cooperative use of solicitations obtained by a party to this Agreement shall be in accordance with the terns and
conditions of the solicitation, except as modification of those tenns and conditions is otherwise allowed or required by
applicable law,
4. That the Lead Public Agencies will matte available, upon reasonable request and subject to convenience, information which
may assist in improving the effectiveness. efficiency and economy of Participating Public Agencies' procurement of
Products and Services
5. That the Participating Public Agency will make timely payments to the Contract Supplier for Products and Services received
in accordance with the tants and conditions of the procurement. Payment, inspections and acceptance of Products and
Services ordered by the Participating Public Agency shall be the exclusive obligation of such Participating Public Agency.
Disputes between the Participating Public Agency and Contract Supplier are to be resolved in accord with the law and
venue rules of the State of purchase.
6. The Participating Public Agency shall not use this Agreement as a method for obtaining additional concessions or reduced
prices for similar products or services.
7. The Participating Public Agency shall be responsible for the ordering of Products and Services under this Agreement. A
Lead Public Agency shall not be liable in any fashion far any violation by a Participating Public Agency, and the
Participating Public Agency shall hold the Lead Public Agency harmless from any liability that may arise from action or
inaction orthe Participating Public Agency.
S. The exercise of any rights or remedies by the Participating Public Agency shall be the exclusive obligation of such
Participating Public Agency.
9. This Agreement shall remain in effect until termination by a party giving thirty (30) days prior written notice to U.S.
Communities at 2999 Oak Road, Suite 710, Walnut Creek. CA 94597,
10. This Agreement shall become effective after execution of the Lead Public Agency Ccrtifieate or
Participating Public Agency registration, as applicable.
12-28
Lead Public Agency Certificate
LEAD PUBLIC AGENCY CIERTIFICATE
I hereby acknowledge, on behalf of City of !Newport Beach (the "Lead Public Agency') that I have
read and agree to the general terms and conditions set forth In the enclosed Master
Intergovernmental Cooperative Purchasing Agreement (MICPA) regulating the use of the Master
Agreements and purchase of Products and Services that from time to time are made available by
Lead Public Agency to Participating Public Agencies nationwide through U.S. Communities.
Copies of Master Agreements and any amendments thereto made available by Lead Public
Agency will be provided to Suppliers and U.S. Communities to facilitate use by Participating
Public Agencies.
I understand that the purchase of one or more Products or Services under the provisions of the
MICPA Is at the sole and complete discretion of the Participating Public Agency.
G-h�ofr n1An.a�+ +�h
Authorized Signature, Lead Government Agency
Date
12-29
EXHIBIT D
SCHEDULE OF BILLING RATES
(see attached)
Mallory Safety and Supply LLC Page D-1 12-30
Mallory SiafW & Sholy LIC
740 Freeport Blvd 0108 • Sparks, NV 89437 • (775)358-2000
Purchase Order Address:
PO Box 2068
Longview, WA 98632
Bill To:
CITY OF NEWPORT BEACH POLICE DEPT
870 SANTA BARBARA BLVD
NEWPORT BEACH, CA 92660
Customer ID: 89239 Carrier:
QUOTATION
Order Number
2440217
Order Date Page
5/1/2019 13:19:57 1 of 2
Estimated Date:
5/1/2019 00:00:00
Ship To: Quote Expires On 8/29/2019
CITY OF NEWPORT BEACH POLICE DEPT
870 SANTA BARBARA BLVD
NEWPORT BEACH, CA 92660
Requested By: Mr. JONATHAN STAFFORD
Freight: CUSTOMER DOES NOT PAY FREIGHT
PO Number
Ship Route Taker
LRAD QTE
CARAGON
pole mounting brackets
OuanOrder
tt res
EA 3,333.33 9,999.99
Pricing
1.0
with Pole Mount
4 3.0000 EA LRACO-11648200
EA 0.00 0.00
1.0 Satellite Activation: 30m Ethernet Cable
UOM
Item ID
UOM
Unit
Price
Extended
Price
Line
Ordered
Shipped
Remaining
Unit Size
J.,j
4Item
Description
Unit Size
Delivery Instructions: US COMMUNITIES #4400008495 THIS
PRICING IS FOR THE CITY OF NEWPORT
BEACH POLICE DEPT AND IS NOT
ELIGIBLE FOR OTHER PUBLIC OR NON
PROFIT AGENCIES
1 3.0000 EA LRACO-11761401 EA 27,777.78 83,333.34
1.0 8 x 170W Amplifier Cabinet for Eight 1.0
Cross Configuration Omni/Directional High
Powered Speaker Array, NEMA 4X Cabinets 12
VDC System Charged by Line Voltage MP3
Player/Controller with Record on the Fly PTT
Microphone Class D Amplifiers Batteries (2) 12
VDC
2 12.0000 EA LRACO-11737700
EA 3,611.11 43,333.32
1.0 Assembly, dual 60XL degree horns witH
1.0
pole mounting brackets
3 3.0000 EA LRACO-11648300
EA 3,333.33 9,999.99
1.0 Satellite Activation: ViaSat FT2225 Unit
1.0
with Pole Mount
4 3.0000 EA LRACO-11648200
EA 0.00 0.00
1.0 Satellite Activation: 30m Ethernet Cable
1.0
5 6.0000 EA LRACO-11752900 EA 0.00 0.00
1.0 Speaker Cable, 2 Conductor, 70FT 1.0
Ferrule to Ferrule
6 1.0000 EA LRACO-GENASYSMASTERSW EA 7,222.22 7,222.22
1.0 Genasys Cloud based Command and Control 1.0
Interface
GENASYS SOFTWARE One Time setup fee
(Cloud based) IPAWS Compaitable Additional
Seat License for Life Guard Activation
12-31
Mallory Salty & Supply LLC
740 Freeport Blvd #106 • Sparks, NV 69431 • (775) 355-2000
Divisions of Mallory include
California Safety and
Brenton Safety Soutions
QUOTATION
Order Number
2440217
Order Date
Page
5/1/2019 13:19:57
2 of 2
Quote Expires On 8/29/2019
Order
uantities
Item ID
Pricing
UOM
Unit
Extended
Line
Ordered
Shipped
Remaining
UOM
4
Q
Item Description
Unit Size
Price
Price
Unit Size
7 1.0000 LO LRACO-LRADMNSINSTALL LO 33,333.33 33,333.33
1.0 Installation - Labor, Material and 1.0
Equipment to Provide The Following:
Decommissioning and removal of existing siren
systems in (3) existing locations, Install,
Complete All Electrical Connections
8 1.0000 LO LRACO-LRADMNSCOM LO 0.00 0.00
1.0 Start Up and Commissioning 1.0
9 1.0000 EA LRACO-LRADMNSSV EA 8,888.89 8,888.89
1.0 Annual maintenance and service contract 1.0
(LRAD to monitor and service the system)
includes Annual sat fee
Total Lines: 9 SUB -TOTAL: 186,111.09
TAX: 14,423.62
AMOUNT DUE: 200,534.71
Dispositions: C = Cancelled B = Backordered P = Production Item U.S. Dollars
12-32
EXHIBIT E
INSURANCE REQUIREMENTS
Provision of Insurance. Without limiting Contractor's indemnification of City, and prior
to commencement of Work, Contractor shall obtain, provide and maintain at its own
expense during the term of this Agreement, policies of insurance of the type and
amounts described below and in a form satisfactory to City. Contractor agrees to
provide insurance in accordance with requirements set forth here. If Contractor uses
existing coverage to comply and that coverage does not meet these requirements,
Contractor agrees to amend, supplement or endorse the existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance company
currently authorized by the Insurance Commissioner to transact business of insurance
in the State of California, with an assigned policyholders' Rating of A- (or higher) and
Financial Size Category Class VII (or larger) in accordance with the latest edition of
Best's Key Rating Guide, unless otherwise approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability Insurance
with limits of at least one million dollars ($1,000,000) each accident for bodily
injury by accident and each employee for bodily injury by disease in accordance
with the laws of the State of California, Section 3700 of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its officers, agents,
employees and volunteers.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with coverage
at least as broad as provided by Insurance Services Office form CG 00 01, in
an amount not less than one million dollars ($1,000,000) per occurrence, two
million dollars ($2,000,000) general aggregate. The policy shall cover liability
arising from premises, operations, products -completed operations, personal
and advertising injury, and liability assumed under an insured contract
(including the tort liability of another assumed in a business contract) with no
endorsement or modification limiting the scope of coverage for liability assumed
under a contract.
C. Automobile Liability Insurance. Contractor shall maintain automobile insurance
at least as broad as Insurance Services Office form CA 00 01 covering bodily
injury and property damage for all activities of Contractor arising out of or in
connection with Work to be performed under this Agreement, including
coverage for any owned, hired, non -owned or rented vehicles, in an amount
not less than one million dollars ($1,000,000) combined single limit each
accident.
Mallory Safety and Supply LLC Page E-1 12-33
D. Professional Liability (Errors & Omissions) Insurance. Consultant shall
maintain professional liability insurance that covers the Services to be
performed in connection with this Agreement, in the minimum amount of one
million dollars ($1,000,000) per claim and one million dollars ($1,000,000) in
the aggregate. Any policy inception date, continuity date, or retroactive date
must be before the Effective Date of this Agreement and Consultant agrees to
maintain continuous coverage through a period no less than three years after
completion of the Services required by this Agreement.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to contain,
the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its elected or appointed officers, agents, officials, employees and
volunteers or shall specifically allow Contractor or others providing insurance
evidence in compliance with these requirements to waive their right of recovery
prior to a loss. Contractor hereby waives its own right of recovery against City,
and shall require similar written express waivers from each of its
subconsultants.
B. Additional Insured Status. All liability policies including general liability, excess
liability, pollution liability, and automobile liability, if required, shall provide or be
endorsed to provide that City and its officers, officials, employees, and agents
shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30) calendar
days notice of cancellation (except for nonpayment for which ten (10) calendar
days notice is required) or nonrenewal of coverage for each required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to City
as evidence of the insurance coverage required herein, along with a waiver of
subrogation endorsement for workers' compensation and other endorsements
as specified herein for each coverage. Insurance certificates and endorsement
must be approved by City's Risk Manager prior to commencement of
performance. Current certification of insurance shall be kept on file with City at
all times during the term of this Agreement. City reserves the right to require
complete, certified copies of all required insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time during
the term of the Agreement to change the amounts and types of insurance
Mallory Safety and Supply LLC Page E-2 12-34
required by giving Contractor sixty (60) calendar days advance written notice
of such change. If such change results in substantial additional cost to
Contractor, City and Contractor may renegotiate Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure of
City to request copies of such agreements will not impose any liability on City,
or its employees.
D. Enforcement of Agreement Provisions. Contractor acknowledges and agrees
that any actual or alleged failure on the part of City to inform Contractor of non-
compliance with any requirement imposes no additional obligations on City nor
does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided by
any insurance. Specific reference to a given coverage feature is for purposes
of clarification only as it pertains to a given issue and is not intended by any
party or insured to be all inclusive, or to the exclusion of other coverage, or a
waiver of any type.
F. Self-insured Retentions. Any self-insured retentions must be declared to and
approved by City. City reserves the right to require that self-insured retentions
be eliminated, lowered, or replaced by a deductible. Self-insurance will not be
considered to comply with these requirements unless approved by City.
G. City Remedies for Non -Compliance If Contractor or any subcontractor
fails to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Agreement, or to suspend Contractor's right to proceed until proper evidence
of insurance is provided. Any amounts paid by City shall, at City's sole option,
be deducted from amounts payable to Contractor or reimbursed by Contractor
upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice of
claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve coverage
under any of the required liability policies. City assumes no obligation or liability
by such notice, but has the right (but not the duty) to monitor the handling of
any such claim or claims if they are likely to involve City.
I. Contractor's Insurance. Contractor shall also procure and maintain, at its own
cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Mallory Safety and Supply LLC Page E-3 12-35
EXHIBIT F
CITY OF NEWPORT BEACH
BOND NO.
LABOR AND MATERIALS PAYMENT BOND
WHEREAS, the City of Newport Beach, State of California, has awarded to United
Storm Water, Inc., hereinafter designated as the "Principal," an Agreement for the purchase
and installation of Catch Basin Connector Pipe Screens, in the City of Newport Beach, in
strict conformity with the Agreement on file with the office of the City Clerk of the City of
Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a bond, providing that if Principal or any of Principal's
subcontractors, shall fail to pay for any materials, provisions, or other supplies used in, upon,
for, or about the performance of the Work agreed to be done, or for any work or labor done
thereon of any kind, the Surety on this bond will pay the same to the extent hereinafter set
forth.
NOW, THEREFORE, We the undersigned Principal, and,
duly authorized to transact
business under the laws of the State of California, as Surety, (referred to herein as "Surety")
are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred
Twenty Thousand Five Hundred Thirty Four Dollars and 711100 ($220,534.71), lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount payable by the City of Newport Beach under the terms of the Agreement; for which
payment well and truly to be made, we bind ourselves, our heirs, executors and
administrators, successors, or assigns, jointly and severally, firmly by these present.
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal or the
Principal's subcontractors, fail to pay for any materials, provisions, or other supplies,
implements or machinery used in, upon, for, or about the performance of the Work
contracted to be done, or for any other work or labor thereon of any kind, or for amounts due
under the Unemployment Insurance Code with respect to such work or labor, or for any
amounts required to be deducted, withheld and paid over to the Employment Development
Department from the wages of employees of the Principal and subcontractors pursuant to
Section 13020 of the Unemployment Insurance Code with respect to such work and labor,
then the Surety will pay for the same, in an amount not exceeding the sum specified in this
Bond, and also, in case suit is brought to enforce the obligations of this Bond, a reasonable
attomeys' fee, to be fixed by the Court as required by the provisions of Section 9554 of the
Civil Code of the State of California.
The Bond shall inure to the benefit of any and all persons, companies, and
corporations entitled to file claims under Section 9100 of the California Civil Code so as to
give a right of action to them or their assigns in any suit brought upon this Bond, as required
by and in accordance with the provisions of Sections 9500 et seq. of the Civil Code of the
State of California.
Mallory Safety and Supply LLC Page F-1 12-36
And Surety, for value received, hereby stipulates and agrees that no change,
extension of time, alterations or additions to the terms of the Agreement or to the Work to
be performed thereunder shall in any wise affect its obligations on this Bond, and it does
hereby waive notice of any such change, extension of time, alterations or additions to the
terms of the Agreement or to the Work or to the specifications.
In the event that any principal above named executed this Bond as an individual, it
is agreed that the death of any such principal shall not exonerate the Surety from its
obligations under this Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the above
named Principal and Surety, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF CONTRACTOR AND SURETY MUST BE
ATTACHED
Mallory Safety and Supply LLC Page F-2 12-37
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of }ss.
On 20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Mallory Safety and Supply LLC Page F-3 12-38
EXHIBIT G
CITY OF NEWPORT BEACH
BOND NO.
FAITHFUL PERFORMANCE BOND
The premium charges on this Bond is $
rate of $
, being at the
thousand of the Agreement price.
WHEREAS, the City of Newport Beach, State of California, has awarded to United
Storm Water, Inc., hereinafter designated as the "Principal," an Agreement for the purchase
and installation of Catch Basin Connector Pipe Screens, in the City of Newport Beach, in
strict conformity with the Agreement on file with the office of the City Clerk of the City of
Newport Beach, which is incorporated herein by this reference.
WHEREAS, Principal has executed or is about to execute the Agreement and the
terms thereof require the furnishing of a Bond for the faithful performance of the Agreement.
NOW, THEREFORE, we, the Principal, and
, duly authorized to
transact business under the laws of the State of California as Surety (hereinafter "Surety"),
are held and firmly bound unto the City of Newport Beach, in the sum of Two Hundred
Twenty Thousand Five Hundred Thirty Four Dollars and 711100 ($220,534.71), lawful
money of the United States of America, said sum being equal to 100% of the estimated
amount of the Agreement, to be paid to the City of Newport Beach, its successors, and
assigns; for which payment well and truly to be made, we bind ourselves, our heirs,
executors and administrators, successors, or assigns, jointly and severally, firmly by these
present_
THE CONDITION OF THIS OBLIGATION IS SUCH, that if the Principal, or the
Principal's heirs, executors, administrators, successors, or assigns, fail to abide by, and well
and truly keep and perform any or all the Work, covenants, conditions, and agreements in
the Agreement Documents and any alteration thereof made as therein provided on its part,
to be kept and performed at the time and in the manner therein specified, and in all respects
according to its true intent and meaning, or fails to indemnify, defend, and save harmless
the City of Newport Beach, its officers, employees and agents, as therein stipulated, then,
Surety will faithfully perform the same, in an amount not exceeding the sum specified in this
Bond; otherwise this obligation shall become null and void.
As a part of the obligation secured hereby, and in addition to the face amount
specified in this Performance Bond, there shall be included costs and reasonable expenses
and fees, including reasonable attorneys fees, incurred by City, only in the event City is
required to bring an action in law or equity against Surety to enforce the obligations of this
Bond.
Surety, for value received, stipulates and agrees that no change, extension of time,
alterations or additions to the terms of the Agreement or to the Work to be performed
thereunder shall in any way affect its obligations on this Bond, and it does hereby waive
Mallory Safety and Supply LLC Page G-1
12-39
notice of any such change, extension of time, alterations or additions of the Agreement or
to the Work or to the specifications.
This Faithful Performance Bond shall be extended and maintained by the Principal
in full force and effect for one (1) year following the date of formal acceptance of the Project
by City.
In the event that the Principal executed this bond as an individual, it is agreed that
the death of any such Principal shall not exonerate the Surety from its obligations under this
Bond.
IN WITNESS WHEREOF, this instrument has been duly executed by the Principal
and Surety above named, on the day of , 20
Name of Contractor (Principal)
Name of Surety
Address of Surety
Telephone
Authorized Signature/Title
Authorized Agent Signature
Print Name and Title
NOTARY ACKNOWLEDGMENTS OF
CONTRACTOR AND SURETY MUST BE ATTACHED
Mallory Safety and Supply LLC
Page G-2
12-40
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
State of California
County of I ss.
On 20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature
ACKNOWLEDGMENT
A notary public or other officer completing this certificate
verifies only the identity of the individual who signed the
document to which this certificate is attached, and not
the truthfulness, accuracy, or validity of that document.
(seal)
State of California
County of }ss.
On
20 before me,
Notary Public, personally appeared
who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signatures(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature (seal)
Mallory Safety and Supply LLC Page G-3
12-41
Mallory Safety & Supply LLC
740 Freeport Blvd #108 • Sparks, NV 89431 • (775) 355-2000
Purchase Order Address:
PO Box 2068
Longview, WA 98632
Bill To:
CITY OF NEWPORT BEACH POLICE DEPT
870 SANTA BARBARA BLVD
NEWPORT BEACH, CA 92660
Customer 1D: 89239 Carrier:
Attachment B
QUOTATION
Order Number
2440217
Order Date Page
5/1/2019 13:19:57 1 of 2
Estimated Date:
5/1/2019 00:00:00
Ship To: Quote Expires On 8/29/2019
CITY OF NEWPORT BEACH POLICE DEPT
870 SANTA BARBARA BLVD
NEWPORT BEACH, CA 92660
Requested By: Mr. JONATHAN STAFFORD
Freight: CUSTOMER DOES NOT PAY FREIGHT
PO Number Ship Route
Taker
LRAD QTE
CARAGON
uantities
Pricing
Order
Item ID
UOM
Unit
Extended
Line
Ordered
Shipped
Remaining
UOM
Unit Size
5
A
Item Description
PROFIT AGENCIES
Unit Size
Price
Price
12-42
Delivery Instructions:
US COMMUNITIES #4400008495 THIS
PRICING IS FOR THE CITY OF NEWPORT
BEACH POLICE DEPT AND IS NOT
ELIGIBLE FOR OTHER PUBLIC OR NON
PROFIT AGENCIES
1 3.0000
EA
LRACO-11761401 EA
27,777.78
83,333.34
1.0
8 x 170W Amplifier Cabinet for Eight
1.0
Cross Configuration Omni/Directional High
Powered Speaker Array, NEMA 4X Cabinets 12
VDC System Charged by Line Voltage MP3
Player/Controller with Record on the Fly PTT
Microphone Class D Amplifiers Batteries (2) 12
VDC
2 12.0000
EA
LRACO-11737700 EA
3,611.11
43,333.32
1.0
Assembly, dual 60XL degree horns witH
1.0
pole mounting brackets
3 3.0000
EA
LRACO-11648300 EA
3,333.33
9,999.99
1.0
Satellite Activation: ViaSat FT2225 Unit
1.0
with Pole Mount
4 3.0000
EA
LRACO-11648200 EA
0.00
0.00
1.0
Satellite Activation: 30m Ethernet Cable
1.0
5 6.0000
EA
LRACO-11752900 EA
0.00
0.00
1.0
Speaker Cable, 2 Conductor, 70FT
1.0
Ferrule to Ferrule
6 1.0000
EA
LRACO-GENASYSMASTERSW EA
7,222.22
7,222.22
1.0
Genasys Cloud based Command and Control
1.0
Interface
GENASYS SOFTWARE One Time setup fee
(Cloud based) IPAWS Compaitable Additional
Seat License for Life Guard Activation
12-42
Attachment B
Mallory Safety & Supply LLC
740 Freeport Blvd #108 - Sparks, NV 89431 - (775) 355-2000
Divisions of Mallory include
California Safety and
Brenton Safety Soutions
QUOTATION
Order Number
2440217
Order Date
Page
5/1/2019 13:19:57
2 of 2
Quote Expires On 8/29/2019
7 1.0000 LO LRACO-LRADMNSINSTALL LO 33,333.33 33,333.33
1.0 Installation - Labor, Material and 1.0
Equipment to Provide The Following:
Decommissioning and removal of existing siren
systems in (3) existing locations, Install,
Complete All Electrical Connections
8 1.0000 LO LRACO-LRADMNSCOM LO 0.00 0.00
1.0 Start Up and Commissioning 1.0
9 1.0000 EA LRACO-LRADMNSSV EA
1.0 Annual maintenance and service contract 1.0
(LRAD to monitor and service the system)
includes Annual sat fee
Total Lines: 9
Dispositions: C = Cancelled B = Backordered P = Production Item
8,888.89 8,888.89
SUB -TOTAL: 186,111.09
TAX: 14,423.62
AMOUNT DUE: 200,534.71
U.S. Dollars
12-43
uantities
Pricing
Order
Item ID
UO M
Unit
Extended
Line
Ordered
Shipped
PP
Remaining
g
UOM
R
Item Description
Unit Size
Price
Price
Unit Size
A
7 1.0000 LO LRACO-LRADMNSINSTALL LO 33,333.33 33,333.33
1.0 Installation - Labor, Material and 1.0
Equipment to Provide The Following:
Decommissioning and removal of existing siren
systems in (3) existing locations, Install,
Complete All Electrical Connections
8 1.0000 LO LRACO-LRADMNSCOM LO 0.00 0.00
1.0 Start Up and Commissioning 1.0
9 1.0000 EA LRACO-LRADMNSSV EA
1.0 Annual maintenance and service contract 1.0
(LRAD to monitor and service the system)
includes Annual sat fee
Total Lines: 9
Dispositions: C = Cancelled B = Backordered P = Production Item
8,888.89 8,888.89
SUB -TOTAL: 186,111.09
TAX: 14,423.62
AMOUNT DUE: 200,534.71
U.S. Dollars
12-43
r�W,P�kT
City of Newport Beach
Y'z BUDGET AMENDMENT
2019-20
Department: Police
Requestor: Jonathan Stafford
ONE TIME: MYes ❑No
ATTACHMENT C
BA#: 20 -006 -CC
Approvals
Prepared by: Amy Lewis Mayfield
❑ CITY MANAGER'S APPROVAL ONLY e �i A40 ��� ,/
Finance Director:M
M 12,
Date
El COUNCIL APPROVAL REQUIRED lCity Clerk: Date
EXPLANATION FOR REQUEST:
To increase expenditure appropriations from the General Fund capital fund project surplus unappropriated fund ❑from existing budget appropriations
balance to be used towards the purchase and installation of a new outdoor warning system. Dram additional estimated revenues
[]from unappropriated fund balance
REVENUES
Fund # Org Ob'ect Project
Description
Fund # Org Object Project Description
012 01201928 980000 20M15 Misc & Studies -
- L_-4:7
Fund # Object Description
012 300000 General Fund Capital Projects - Fund Balance Control
Increase or (Decrease) $
Subtotal
Increase or Decrease $
xpenditures For GI $220,534.71
,
Subtotal $220,534.71
Increase or (Decrease) $
($220,534.71)
Subtotal i (S220,534.71)
Fund Balance Change Required
12-44