Beverly Hills City Council
July 19, 2022

AGENDA REPORT
Meeting Date: July 19, 2022
Item Number:

To: Honorable Mayor & City Council
From: Mark Stainbrook, Chief of Police
Subject: AUTHORIZE THE CITY MANAGER TO EXECUTE AN

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

CAPS ARMORY, LLC FOR THE TRADE-IN OF USED POLICE
FIREARMS IN EXCHANGE FOR NEW EQUIPMENT; AND
APPROVAL OF A FISCAL YEAR 2022-2023 PURCHASE

ORDER TO CAPS ARMORY, LLC FOR A TOTAL NOT TO
EXCEED AMOUNT OF $120,000
Attachments: 1. Request for Proposal Solicitation No. RFP-22-170-04

2. Selected Proposal from Caps Armory, LLC

3. Draft Agreement

RECOMMENDATION
Staff recommends the awarding of Bid No. RFP-22-170-04 to Caps Armory, LLC, the approval of a purchase order to Caps Armory, LLC for $110,917.74 with a contingency of $9,082.26 for a total not to exceed amount of $120,000.00, and the authorization to the City Manager to execute an agreement with Caps Armory, LLC for the trade-in and purchase of police firearms and related equipment.

INTRODUCTION
The Police Department last purchased standard issue handguns in 2009. In 2019, the Police Department formed a committee to evaluate and select the Department’s next generation handgun. The committee tested and evaluated several handguns from various manufacturers. At the conclusion of the evaluation period, the committee recommended the FN 509® MRD-LE 9mm semi-automatic handgun. The replacement purchase was placed on hold in 2020 due to the COVID-19 pandemic. The Department is now seeking approval for the equipment replacement.

E-10
Meeting Date: July 19, 2022

DISCUSSION
On June 21, 2022, the City issued Request for Proposal (RFP) No. 22-170-04, soliciting proposals from qualified firearms vendors to supply the Department with FN 509® MRDLE 9mm semi-automatic handguns and related equipment as well as the trade-in of the Department’s existing Springfield Armory XD platform handguns and other miscellaneous handguns. The RFP provided specifications for the new handguns to be purchased, a listing of the existing handgun and accessories the Department was looking to trade-in, and specified that award would be based on the best value to the City when calculating the new purchase price, net the trade-in value offered by each proposer. The RFP closed on July 1, 2022 and the City received proposals from four (4) proposers, summarized in the table below.

Proposer:

CAPS Armory,
LLC
Adamson
Police
Products
Proforce Law
Enforcement
Arms
Unlimited, Inc.

New Purchase
Price: $173,692.00 $173,166.55 $158,807.88 $199,839.00
Less Trade-Ins: ($79,275.00) ($76,997.60) ($61,701.50) ($41,065.00) Net Purchase
Price: $94,417.00 $96,168.95 $97,106.38 $158,774.00
Sales Tax: $16,500.74 $16,450.82 $15,086.75 $18,984.71
Total Purchase
Price: $110,917.74 $112,619.77 $112,193.13 $177,758.71
Comments:

No bid provided
on Comp-Tach
holsters

Caps Armory, LLC was able to provide all requested equipment at the lowest price at $94,417.00 before sales tax.

Note: the Department adjusted all proposals in the final comparisons as shown in the table above due to extra quantities identified in the RFP that are not needed. The RFP called for 130 right-handed holsters and 130 left-handed holsters and the proposers quoted pricing for both options. However, the Department will only purchase a total of 130 holsters, in a combination of right-handed and left-handed variety, so the proposals were adjusted accordingly.

FISCAL IMPACT
Funding for this purchase will come from Fund 400 Equipment Replacement funds up to $111,498.35, the amount currently available. If any contingency funds are needed to finalize the purchase the additional cost will be absorbed by the Department’s operational budget (00102901/722000).

Mark G. Stainbrook
Chief of Police
Approved By
Attachment 1

REQUEST FOR PROPOSALS
for
Purchase of Firearms & Accessories
RFP-22-170-04
Bid Due Date: July 1, 2022 at 2:00PM
City of Beverly Hills
Police Department
2 of 7
City of Beverly Hills

REQUEST FOR PROPOSALS
for
Purchase of Firearms and Accessories
RFP-22-170-04

SUMMARY
The intent of this Request for Proposal (RFP) document is to solicit proposals from qualified bidders interested in furnishing the City with various firearms and accessories. Exact specifications can be found within the Bid Specifications and final purchase terms will be subject to final terms of the Purchase Order that will be entered into by both the bidder and the City.

Please fill in your proposed costs to the City for the firearms requested. Prices proposed herein will be compared with proposals from other vendors to determine the proposal that presents the best value to the City.

SCHEDULE
The anticipated schedule for submission of the Request for Proposals (“RFP”) is as follows:

Milestone Date
RFP Released June 21, 2022
Deadline for Proposers to Submit Questions June 24, 2022 Deadline for City to Answer Questions June 27, 2022
Proposal Due Date July 1, 2022

RFP ADMINISTRATION
Documents related to this solicitation, including any related specifications and scope of work, may also be viewed on, and downloaded from the City’s Planet Bids portal:
https://www.beverlyhills.org/BHPlanetBids.

The City’s Purchasing Division is issuing this Request for Proposal. Unless otherwise directed, all communications regarding this Request for Proposals should be directed to the RFP Administrator, Adrian Popescu, at 310-285-2439 or via email at [email protected].

Proposals must be submitted via the PlanetBids portal by the due date indicated. The proposal shall be signed by an official authorized to bind the consulting firm and must contain a statement to the effect that the proposal is valid for ninety (90) days. No late proposals will be accepted. The City reserves the right to reject any or all proposals submitted. Proposals submitted will be evaluated by City of Beverly Hills Purchasing Division.

Any questions regarding any error, omission, ambiguity or conflict in this RFP, as well as any general questions, shall be submitted to the Project Contact via Planet Bids by the date listed in this solicitation. Requests for clarification will be disregarded if received after the due date, without prior submission of the intent to bid, or sent directly to City staff. Any revisions to the Request for Proposals will be issued and distributed as addenda.
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QUESTIONS & ANSWERS
Questions regarding this RFP are to be submitted through the Beverly Hills PlanetBids portal by 12:00 p.m., June 24, 2022. Answers to all questions submitted will also be provided on the PlanetBids portal.

MINIMUM QUALIFICATIONS
In order to be considered for award based on this RFP, proposers must demonstrate the following:

1. Possession of a valid federal firearm license;

2. Possession of a valid Seller’s Permit issued by the California Department of Tax and Fee Administration;

3. Possession of a Certificate of Eligibility (COE) issued by the DOJ (Department of Justice)

4. Previous experience in furnishing firearms to local government or law enforcement agencies. At least two reference must be provided.

ORGANIZATION OF PROPOSAL TO BE SUBMITTED
Proposals shall adhere to the following structure and format:

Section 1: Minimum Qualifications
Respond to the Minimum Qualifications section found in this RFP. Provide copies of the requested document. For references, provide contact information for a minimum of two (2) local government or law enforcement agency references for which you have furnished firearms. The City reserves the right to contact references provided.

Section 2: Cost Form
Complete the Cost Form provided (attached to this RFP document).

Section 3: Project Approach and Compliance to Specifications Provide a written narrative confirming the following:
 Your ability to provide all firearm units as described in the Bid Specification and Cost Form. Clearly indicate if you are unable to provide any units, or if the firearms you are proposing are not identical to the units identified in the Bid Specification by manufacturer part number.
 Your policy regarding trade-ins (refer to the Bid Specification for descriptions and quantities of firearm units that are to be traded in).

Proposals must be submitted electronically through the City of Beverly Hills PlanetBids portal, by or before 2:00 p.m. (PST) on July 1, 2022.

The electronic bid system will not accept any Proposals after the Proposal Deadline. Only a Proposal submitted electronically through the City of Beverly Hills PlanetBids portal will be considered for evaluation. No separate hardcopy materials will be accepted by the City. 4 of 7

BID SPECIFICATIONS
Section 1: New Purchase
The following table contains a listing of the firearms units that comprise this RFP. All units shall be new and unused, and of OEM (Original Equipment Manufacturer).

QTY. MFG. PART NO. MANUFACTURER DESCRIPTION
130 66-101287 FN AMERICA FN509 MRD-LE 9MM
130 69424 STREAMLIGHT
TLR-7A FLEX PST MNT LGT 500LUM LOW/HIGH

SWITCH BLK
17 85177 STREAMLIGHT CR123A LITHIUM BATTERIES (12 PACK) 130 200691 AIMPOINT AIM ACRO P-2 RED DOT 3.5 MOA
110
US280-
FN/509MRD/LE-2-RMR-225 US DUTY GEAR
MODEL US-280 SRS/SRH MID-RIDE LEVEL 3 DUTY
HOLSTER - RAIL MOUNTED LIGHT & RDS, FN 509

MRD-LE, BASKETWEAVE, RIGHT HAND
20 US280-
FN/509MRD/LE-2-LMR-225 US DUTY GEAR
MODEL US-280 SRS/SRH MID-RIDE LEVEL 3 DUTY
HOLSTER - RAIL MOUNTED LIGHT & RDS, FN 509

MRD-LE, BASKETWEAVE, LEFT HAND
130 88-G2-2-CH US DUTY GEAR
MODEL 88 DOUBLE MAGAZINE POUCH, GROUP
1, BASKETWEAVE, CHROME SNAP
130 C669 COMP-TACH

COMP-TACH DCH HOLSTER (DUAL

CONCEALMENT)
130 C850 COMP-TACH COMP-TACH SINGLE MAG POUCH PLM-BW
Section 2: Trade-ins
The Cost Form contains a section to include your proposed trade-in price for firearms units currently owned by the City. The inventory of firearms to be traded in is as follows (please note the table cuts off at the bottom of the page and continues on the following page:

QTY DESCRIPTION CONDITION
1 COLT DELTA 10MM GOOD WORKING ORDER
7 S&W MOD 681, .357MAG GOOD WORKING ORDER
10 SIG SAUER P226, 9MM GOOD WORKING ORDER
3 SIG SAUER P229, .40SW GOOD WORKING ORDER
1 SIG SAUER P220, .45ACP GOOD WORKING ORDER
13 SIG SAUER P226 IOP
16 SIG SAUER P226/P229 MIXED FRAMES WITH MISC.

PARTS FOR PARTS ONLY
5 SPRINGFIELD ARMORY XD 45 5" BROKEN, FOR PARTS ONLY
33 SPRINGFIELD ARMORY XD 45 5" (IOP) GOOD WORKING ORDER 3 SPRINGFIELD ARMORY XD 45 4" (IOP) GOOD WORKING ORDER
6 SPRINGFIELD ARMORY XD 45 4" COMP (IOP) GOOD WORKING ORDER 5 SPRINGFIELD ARMORY XDS45 (IOP) GOOD WORKING ORDER
125 SPRINGFIELD ARMORY XD 45 5" W/3 MAGS GOOD WORKING ORDER 30 SPRINGFIELD ARMORY XD 45 4" W/3 MAGS GOOD WORKING ORDER 20 SPRINGFIELD ARMORY XD 45 4" COMP W/3 MAGS GOOD WORKING ORDER 20 SPRINGFIELD ARMORY XDS45 W/3 MAGS GOOD WORKING ORDER 273 SPRINGFIELD ARMORY 13-RD MAGS (XD) GOOD WORKING ORDER 20 SPRINGFIELD ARMORY 10-RD MAGS (SC COMP) GOOD WORKING ORDER 5 of 7
3 SPRINGFIELD ARMORY TRP 1911, .45ACP GOOD WORKING ORDER 158 STREAMLIGHT TLR-1 GOOD WORKING ORDER
5 STREAMLIGHT TLR-1S GOOD WORKING ORDER
3 STREAMLIGHT TLR-1 GOOD WORKING ORDER

EVALUATION CRITERIA AND SELECTION PROCESS
The City will evaluate the proposals with the intent of selecting the most qualified proposer. As reflected below, Purchase Order award will not be based solely on price but on a combination of factors. Any Purchase Order offered by the City will be awarded in the best interest of the City and in the City’s sole discretion. Evaluation criteria include but are not limited to the following:
 Price;
 Ability to furnish all requested items;
 Experience & qualifications;
 References; and
 Acceptance and value of trade-ins

RFP TERMS & CONDITIONS
The following terms and conditions shall govern this RFP process and any associated awards:

I. Acceptance of Terms and Conditions
Submission of a proposal indicates acceptance by the proposer submitting the proposal of the terms, conditions and specifications contained in this RFP.

II. Public Record
Upon submission of a proposal and other materials for consideration by the City, such proposals and materials shall become the property of the City of Beverly Hills. Proposals may be subject to public inspection and disclosure pursuant to state and federal law after the award of a contract for this Project. Prior to the RFP deadline, proposals may be modified or withdrawn by an authorized representative of the Proposer by written notice to the RFP Administrator.

III. Availability of Records
All relevant documents pertaining to this RFP and procurement process shall be made available by the Purchasing Division upon successful conclusion of the entire procurement process.

IV. Late Proposals
Any proposal which is not received by the City‘s Purchasing Division prior to the deadline date and time set forth in this RFP shall not be considered. The City assumes no responsibility or liability for the transmission, delay, or delivery of a proposal by either public or private carriers.

V. Specificity of Information
No verbal or written information which is obtained other than through this RFP or its addenda shall be binding on the City. No employee of the City is authorized to interpret any portion of this RFP or give information as to the requirements of the RFP in addition to that contained in or amended to this written RFP document.
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VI. Errors and Omissions
This RFP cannot identify each specific, individual task required to successfully and completely implement this Project. The City relies on the professionalism and competence of Proposers to be knowledgeable of the general areas identified in the scope of work and to include in their proposals all materials, equipment, required tasks and subtasks, personnel commitments, man-hours, labor, direct and indirect costs, etc. Proposers shall not take advantage of any errors and/or omissions in this RFP document or in the firm’s specifications submitted with their proposals. Where such errors or omissions are discovered by the City, full instructions will be given by the City in the form of an addenda.

VII. Proposal Validity
Unless otherwise noted by the Proposer, all proposals shall be held valid for a period of 90 days.

VIII. Right of Rejection
The City reserves the right to: (1) Accept or reject any and all proposals or any part of any proposal, and to waive minor defects or technicalities in such; (2) Request clarification of any information contained in a proposal; (3) Solicit new proposals on the same project, or on a modified project, which may include portions of the original RFP as the City may deem necessary; (4) Disregard all non-conforming, non-responsive, or conditional proposals, (5) Reject the response of any proposer who does not pass the evaluation to the City’s satisfaction, (6) Allow for the correction of errors and/or omissions; (7) Select the proposal that will best meet the needs of the City, and (8) Negotiate service contract and terms with the successful Proposer.

IX. Right of Rejection of Lowest Fee Proposal
The City is under no obligation to award this project to the Proposer offering the lowest fee proposal. Evaluation criteria expressed in this RFP solicitation shall be used in the proposal evaluation process. In evaluating proposals, the City may consider the qualifications of the proposers and whether the proposals comply with the prescribed requirements. The size and scope of the Project at hand may dictate the degree to which Qualifications-Based Selection processes are utilized.

X. Non-Compliance
Proposers and/or proposals that do not meet the stated requirements for this Project may be considered noncompliant and may be disqualified, unless such noncompliance is waived by the City. During the evaluation process, the City reserves the right to request additional information or clarification from those submitting proposals, and to allow corrections of errors and/or omissions
XI. Exceptions to Proposal Requirements
Proposers may find instances where they must take exception with certain requirements or specifications of the RFP. All exceptions shall be clearly identified, and written explanations shall include the scope of the exceptions, the ramifications of the exceptions for the City, and a description of the advantage to be gained or disadvantages to be incurred by the City as a result of these exceptions.

XII. Determination of Responsiveness and Responsibility The City shall have sole authority in determining the responsiveness and responsibility of any and all Proposals. For Proposals containing exceptions to specifications and/or requirements, the City shall have sole authority in determining the extent to which exceptions affect the responsiveness and responsibility of any and all Proposals. 7 of 7
XIII. Obligation to Award
The City is not obligated to enter into a Contract or Agreement on the basis of any proposal submitted in response to this RFP. City reserves the right to award multiple contracts for this Project if is deemed most advantageous to the City.

XIV. Bidder Reimbursement Prohibition
The City will not pay for any information herein requested, nor are they liable for any costs incurred by any vendors prior to award of a contract or purchase order. The City may require the finalist proposer(s) to provide on-site presentations and demonstrations of the product(s)/service(s) proposed by the proposer(s). All costs associated with the demonstrations or follow-up interviews are the sole obligation of the proposer(s).

XV. Gratuity Prohibition
Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City for the purpose of influencing consideration of this proposal.

Submission of a Proposal indicates Proposer certifies that they have not paid nor agreed to pay any person, other than a bona fide employee, a fee or a brokerage resulting from the award of the contract.

XVI. Contact with City Personnel or Entities
During the RFP procurement process, proposal evaluation process and proposal selection process, the RFP Administrator is to serve as the primary point of contact for any and all matters pertaining to this RFP and Project. Proposers shall not contact any City personnel or entities other than the RFP Administrator or those from the City’s Purchasing Division for matters regarding this Project until conclusion of the entire procurement process, which shall be defined as Agreement Award. Unauthorized contact may result in disqualification of Proposals.

XVII. Indemnification
Proposer, at its own expense and without exception, shall indemnify, defend and pay all damages, costs, expenses, including attorney fees, and otherwise hold harmless the City, its employees, and agents, from any liability of any nature or kind in regard to the delivery of these services. Submission of a Proposal indicates Proposer waives the right to claims for damages of any nature, whatsoever, based on the Proposal solicitation and/or selection process.

XVIII. Compliance with All Applicable Laws
Proposer declares that it shall comply with all licenses, statutes, ordinances, regulations and requirements of all governmental entities, including federal, state, county or municipal, whether now in force or hereinafter enacted, including, but not limited to, appropriate Contractor licensing, permits and business licensing.

Attachment 1: Cost Form
Attachment 2

PROPOSAL
for
Purchase of Firearms & Accessories
RFP‐22‐170‐04
By
Caps Armory, LLC
1455 Monterey Pass Rd Ste 110
Monterey Park, CA 91754

Section 1
Minimum Qualifications

DISPLAY CONSPICUOUSLY AT PLACE OF BUSINESS FOR WHICH ISSUED

CALIFORNIA DEPARTMENT OF TAX AND FEE ADMINISTRATION

SELLER'S PERMIT
January 28, 2019

ACCOUNT NUMBER
233644800 - 00001
Office of Control:

CAPTAINS ARMORY LLC West Covina Office
NOTICE TO PERMITTEE:

You are required to obey all
Federal and State laws that
regulate or control your
business. This permit does
not allow you to do
otherwise.

CAPS ARMORY LLC
1455 MONTEREY PASS RD STE 110
MONTEREY PARK CA 91754-3603

IS HEREBY AUTHORIZED PURSUANT TO SALES AND USE TAX LAW TO ENGAGE IN THE BUSINESS OF SELLING TANGIBLE PERSONAL PROPERTY AT THE ABOVE LOCATION. THIS PERMIT IS VALID ONLY AT THE ABOVE ADDRESS.

THIS PERMIT IS VALID UNTIL REVOKED OR CANCELED AND IS NOT TRANSFERABLE. IF YOU SELL YOUR BUSINESS OR DROP OUT

OF A PARTNERSHIP, NOTIFY US OR YOU COULD BE RESPONSIBLE FOR SALES AND USE TAXES OWED BY THE NEW OPERATOR OF THE BUSINESS.

Not valid at any other address
For general tax questions, please call our Customer Service Center at 1-800-400-7115 (TTY:711).

For information on your rights, contact the Taxpayers' Rights Advocate Office at 1-888-324-2798 or 1-916-324-2798.

CDTFA-442-R REV. 18 (5-18)

A MESSAGE TO OUR NEW PERMIT HOLDER
As a seller, you have rights and responsibilities under the Sales and Use Tax Law. In order to assist you in your endeavor and to better understand the law, we offer the following sources of help:
• Visiting our website at www.cdtfa.ca.gov
• Visiting an office
• Attending a Basic Sales and Use Tax Law class offered at one of our offices • Sending your questions in writing to any one of our offices • Calling our toll-free Customer Service Center at 1-800-400-7115 (TTY:711) As a seller, you have the right to issue resale certificates for merchandise that you intend to resell. You also have the responsibility of not misusing resale certificates. While the sales tax is imposed upon the retailer, • You have the right to seek reimbursement of the tax from your customer • You are responsible for filing and paying your sales and use tax returns timely • You have the right to be treated in a fair and equitable manner by the employees of the California Department of Tax and Fee Administration (CDTFA)
• You are responsible for following the regulations set forth by the CDTFA As a seller, you are expected to maintain the normal books and records of a prudent businessperson. You are required to maintain these books and records for no less than four years, and make them available for inspection by a CDTFA representative when requested. You are also required to know and charge the correct sales or use tax rate, including any local and district taxes. The tax rate applicable to your sales or use may not necessarily correspond to the tax rate of your business address displayed on this permit. You are also expected to notify us if you are buying, selling, adding a location, or discontinuing your business, adding or dropping a partner, officer, or member, or when you are moving any or all of your business locations. If it becomes necessary to surrender this permit, you should only do so by mailing it to a CDTFA office, or giving it to a CDTFA representative.

If you would like to know more about your rights as a taxpayer, or if you are unable to resolve an issue with CDTFA, please contact the Taxpayers' Rights Advocate Office for help by calling toll-free, 1-888-324-2798 or 1-916-324-2798. Their fax number is 1-916-323-3319.

Please post this permit at the address for which it was issued and at a location visible to your customers.

California Department of Tax and Fee Administration
Business Tax and Fee Division
This is to certify that the Department of Justice, Bureau of Firearms has completed a firearms eligibility check on the above named individual. As of the date of issue, there is nothing thatwould prohibit the individual from acquiring or possessing a firearm.

State of California
Department of Justice
Bureau of Firearms

CERTIFICATE OF ELIGIBILITY
Signature of Issuing Officer
Number: 21165
Ryohei Yamamoto
Date of Issue: December 28, 2021 Expiration Date: December 27, 2022 Issued To:

This is to certify that the Department of Justice, Bureau of Firearms has completed a firearms eligibility check on the above named individual. As of the date of issue, there is nothing thatwould prohibit the individual from acquiring or possessing a firearm.

State of California
Department of Justice
Bureau of Firearms

CERTIFICATE OF ELIGIBILITY
Signature of Issuing Officer
Number: 49319
Xavier Pol
Date of Issue: February 08, 2022 Expiration Date: February 07, 2023 Issued To:

State of California
Department of Justice
Signature of Issuing Officer

LARGE CAPACITY MAGAZINE PERMIT
Number: 23694
Issued to:

Ryohei Yamamoto
Xavier Pol
This is to certify the above-named individual(s) is/are permitted by the Department of Justice pursuant to Penal Code section 32315 to engage in the lawful importation and exportation of large capacity magazines and the associated activities as specified in Penal Codesections 32400 through 32450. This permit is valid throughout its term provided the permitee(s) maintain an active status on theCentralized List of firearms dealers.

This permit is valid between January 01, 2021 and December 31, 2021 Law Enforcement Agency References
Beverly Hills Police Department
Thang Huynh
310-228-2630
Facilitate individual officer purchase transfer from STI Staccato 2011 with custom Beverly Hills PD logo or SWAT logo
Los Angeles Sheriff’s Department – Narcotics Bureau
Sgt Mike Pokorny
562-244-9087
Individual officer purchase program of the Narcotics Bureau’s Custom 100th Anniversary Commemorative Beretta 92X pistol – QTY: 100
Los Angeles Sheriff’s Department – Homicide Bureau
Sgt Amber Montenegro
323-574-4582
Individual officer purchase program of the Homicide Bureau’s Custom 100th Anniversary Commemorative Beretta 92FS pistol – QTY: 130
Section 2
Cost Form
QTY. MFG. PART NO. MANUFACTURER DESCRIPTION Per Unit Price Ext. Price 130 66-101287 FN AMERICA FN509 MRD-LE 9MM $ 490.00 $ 63,700.00 130 69424 STREAMLIGHT
TLR-7A FLEX PST MNT LGT 500LUM LOW/HIGH
SWITCH BLK $ 105.00 $ 13,650.00
17 85177 STREAMLIGHT CR123A LITHIUM BATTERIES (12 PACK) $ 16.00 $ 272.00 130 200691 AIMPOINT AIM ACRO P-2 RED DOT 3.5 MOA $ 490.00 $ 63,700.00 130
US280-FN/509MRD/LE2-R-MR-225

US DUTY GEAR
MODEL US-280 SRS/SRH MID-RIDE LEVEL 3 DUTY
HOLSTER - RAIL MOUNTED LIGHT & RDS, FN 509
MRD-LE, BASKETWEAVE, RIGHT HAND $ 138.00 $ 17,940.00
130
US280-FN/509MRD/LE2-L-MR-225

US DUTY GEAR
MODEL US-280 SRS/SRH MID-RIDE LEVEL 3 DUTY
HOLSTER - RAIL MOUNTED LIGHT & RDS, FN 509
MRD-LE, BASKETWEAVE, LEFT HAND $ 138.00 $ 17,940.00
130
88-G2-2-CH

US DUTY GEAR
MODEL 88 DOUBLE MAGAZINE POUCH, GROUP
1, BASKETWEAVE, CHROME SNAP $ 27.00 $ 3,510.00
130 C669 COMP-TACH

COMP-TACH DCH HOLSTER (DUAL
CONCEALMENT) $ 46.00 $ 5,980.00
130 C850 COMP-TACH COMP-TACH SINGLE MAG POUCH PLM-BW $ 38.00 $ 4,940.00 TOTAL: $ 191,632.00
QTY. DESCRIPTION CONDITION Per Unit Price Ext. Price
1 COLT DELTA 10MM GOOD WORKING ORDER $ 500.00 $ 500.00
7 S&W MOD 681, .357MAG GOOD WORKING ORDER $ 100.00 $ 700.00 10 SIG SAUER P226, 9MM GOOD WORKING ORDER $ 400.00 $ 4,000.00 3 SIG SAUER P229, .40SW GOOD WORKING ORDER $ 400.00 $ 1,200.00 1 SIG SAUER P220, .45ACP GOOD WORKING ORDER $ 400.00 $ 400.00 13 SIG SAUER P226 IOP $ 100.00 $ 1,300.00
16 SIG SAUER P226/P229 MIXED FRAMES
WITH MISC. PARTS FOR PARTS ONLY $ 50.00 $ 800.00
5 SPRINGFIELD ARMORY XD 45 5" BROKEN, FOR PARTS ONLY $ 100.00 $ 500.00 33 SPRINGFIELD ARMORY XD 45 5" (IOP) GOOD WORKING ORDER $ 100.00 $ 3,300.00 3 SPRINGFIELD ARMORY XD 45 4" (IOP) GOOD WORKING ORDER $ 100.00 $ 300.00

TRADE-INS (PROVIDE YOUR PRICING FOR UNITS FROM THE CITY TO BE TRADED IN AS PART OF THIS PURCHASE)

NEW PURCHASES (PROVIDE YOUR PRICING FOR UNITS TO BE PURCHASED NEW) RFP 22-170-04 (FIREARMS & ACCESSORIES PURCHASE)

COST FORM
6 SPRINGFIELD ARMORY XD 45 4" COMP
(IOP) GOOD WORKING ORDER $ 100.00 $ 600.00
5 SPRINGFIELD ARMORY XDS45 (IOP) GOOD WORKING ORDER $ 100.00 $ 500.00 125 SPRINGFIELD ARMORY XD 45 5" W/3 MAGS GOOD WORKING ORDER $ 285.00 $ 35,625.00 30 SPRINGFIELD ARMORY XD 45 4" W/3 MAGS GOOD WORKING ORDER $ 265.00 $ 7,950.00 20 SPRINGFIELD ARMORY XD 45 4" COMP W/3
MAGS GOOD WORKING ORDER $ 285.00 $ 5,700.00
20 SPRINGFIELD ARMORY XDS45 W/3 MAGS GOOD WORKING ORDER $ 265.00 $ 5,300.00 273 SPRINGFIELD ARMORY 13-RD MAGS (XD) GOOD WORKING ORDER $ 8.00 $ 2,184.00 20 SPRINGFIELD ARMORY 10-RD MAGS (SC
COMP) GOOD WORKING ORDER $ 8.00 $ 160.00
3 SPRINGFIELD ARMORY TRP 1911, .45ACP GOOD WORKING ORDER $ 500.00 $ 1,500.00 158 STREAMLIGHT TLR-1 GOOD WORKING ORDER $ 41.00 $ 6,478.00 5 STREAMLIGHT TLR-1S GOOD WORKING ORDER $ 31.00 $ 155.00 3 STREAMLIGHT TLR-1 GOOD WORKING ORDER $ 41.00 $ 123.00 TOTAL: $ 79,275.00
Section 3
Project Approach
and Compliance to
Specification
June 30, 2022
RFP for Purchase of Firearms & Accessories Narrative
RFP-22-170-04
Caps Armory LLC can provide the exact firearm (FN) make, model and caliber that is listed on the bid proposal. We are an Authorized Law Enforcement dealer for the make (FN) listed on the bid proposal, so we can provide the firearms.

Our policy for Trade-In firearms from a law enforcement agency. We at Caps Armory will offer credit to all firearms offered to us as a trade in. We will offer low pricing to officers who wish to buy back their former duty weapon from Caps Armory (Serial Number can be reserved). After the officer buy back period, all firearms will be allocated to our stock and be sold to active peace officers or sold to out of state customers.

Best regards,
Xavier Pol
Managing Member
Caps Armory, LLC
Attachment 3
1 B0785-0001\1142491v12.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

CAPS ARMORY, LLC FOR THE TRADE-IN OF USED POLICE

FIREARMS IN EXCHANGE FOR NEW EQUIPMENT
NAME OF CONTRACTOR: Caps Armory, LLC
RESPONSIBLE PRINCIPAL OF CONTRACTOR: Ryohei Yamamoto, President CONTRACTOR’S ADDRESS: 1455 Monterey Pass Rd. Ste. 110
Monterey Park, CA 91754
Attention: Ryohei Yamamoto, President
CITY’S ADDRESS: City of Beverly Hills
455 N. Rexford Drive
Beverly Hills, CA 90210
Attention: Mark Stainbrook, Chief of Police
COMMENCEMENT DATE: Upon written notice proceed
TERMINATION DATE: Upon transfer and acceptance of all police firearms and equipment to and from both
parties
CONSIDERATION: $190,192.74 Less Trade Value of
$79,275.00 as more particularly described
in Exhibit B for a total not to exceed cost of
$110,917.74, including contingency cost not
to exceed $9,082.26
Total not to exceed $120,000
2 B0785-0001\1142491v12.doc

AGREEMENT BETWEEN THE CITY OF BEVERLY HILLS AND

CAPS ARMORY, LLC FOR THE TRADE-IN OF USED POLICE

FIREARMS IN EXCHANGE FOR NEW EQUIPMENT
THIS AGREEMENT is made by and between the City of Beverly Hills (hereinafter called “CITY”), and Caps Armory, LLC (hereinafter called “CONTRACTOR”).

RECITALS
A. CITY desires to have certain services and/or goods provided as set forth in Exhibit A (the “Scope of Work”), attached hereto and incorporated herein.

B. CONTRACTOR represents that it is qualified and able to perform the Scope of Work.

NOW, THEREFORE, the parties agree as follows:

Section 1. CONTRACTOR’s Scope of Work. CONTRACTOR shall perform the Scope of Work described in Exhibit A in a manner satisfactory to CITY and consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. CITY shall have the right to order, in writing, changes in the Scope of Work. Any changes in the Scope of Work by CONTRACTOR must be made in writing and approved by both parties. The cost of any change in the Scope of Work must be agreed to by both parties in writing.

Section 2. Time of Performance.

CONTRACTOR shall commence its services under this Agreement upon the Commencement Date or upon a receipt of a written notice to proceed from CITY. CONTRACTOR shall complete the performance of services by the Termination Date set forth above.

Section 3. Compensation.
(a) Compensation
CITY agrees to compensate CONTRACTOR for the services and/or goods provided under this Agreement, and CONTRACTOR agrees to accept in full satisfaction for such services, a sum not to exceed the Consideration set forth above and more particularly described in Exhibit B.
(b) Expenses
The amount set forth in paragraph (a) shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement (including, but not limited to, all labor, materials, delivery, tax, assembly, and installation, as applicable).

There shall be no claims for additional compensation for reimbursable expenses. 3 B0785-0001\1142491v12.doc
(c) Additional Services. CITY may from time to time require CONTRACTOR to perform additional services not included in the Scope of Work. Such requests for additional services shall be made by CITY in writing and agreed upon by both parties in writing.

Section 4. Method of Payment. CITY shall pay CONTRACTOR said Consideration in accordance with the method and schedule of payment set forth in Exhibit B.

Section 5. Independent Contractor. CONTRACTOR is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of CONTRACTOR or any of CONTRACTOR’s employees, except as herein set forth. CONTRACTOR shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.

Section 6. Assignment. This Agreement shall not be assigned in whole or in part, by CONTRACTOR without the prior written approval of CITY. Any attempt by CONTRACTOR to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.

Section 7. Responsible Principal(s)
(a) CONTRACTOR’s Responsible Principal set forth above shall be principally responsible for CONTRACTOR’s obligations under this Agreement and shall serve as principal liaison between CITY and CONTRACTOR. Designation of another Responsible Principal by CONTRACTOR shall not be made without prior written consent of CITY. (b) CITY’s Responsible Principal shall be the City Manager or his designee set forth above who shall administer the terms of the Agreement on behalf of CITY.

Section 8. Personnel. CONTRACTOR represents that it has, or shall secure at its own expense, all personnel required to perform CONTRACTOR’s Scope of Work under this Agreement. All personnel engaged in the work shall be qualified to perform such Scope of Work.

Section 9. Permits and Licenses. CONTRACTOR shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a business license.

Section 10. Interests of CONTRACTOR. CONTRACTOR affirms that it presently has no interest and shall not have any interest, direct or indirect, which would conflict in any manner with the performance of the Scope of Work contemplated by this Agreement. No person having any such interest shall be employed by or be associated with CONTRACTOR.

Section 11. Insurance.
(a) CONTRACTOR shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows:
(1) A policy or policies of Comprehensive General Liability Insurance, with minimum limits of One Million Dollars ($1,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts by CONTRACTOR.
4 B0785-0001\1142491v12.doc
(2) A policy or policies of Comprehensive Vehicle Liability Insurance covering personal injury and property damage, with minimum limits required by the State of California, covering any vehicle utilized by CONTRACTOR in performing the Scope of Work required by this Agreement.
(3) Workers’ compensation insurance as required by the State of California.
(b) CONTRACTOR shall require each of its sub-contractors to maintain insurance coverage which meets all of the requirements of this Agreement. (c) The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least a A+;VII in the latest edition of Best’s Insurance Guide.
(d) CONTRACTOR agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at CONTRACTOR’s expense, the premium thereon.
(e) At all times during the term of this Agreement, CONTRACTOR shall maintain on file with CITY’s Risk Manager a certificate or certificates of insurance on the form set forth in Exhibit C, attached hereto and incorporated herein, showing that the aforesaid policies are in effect in the required amounts. CONTRACTOR shall, prior to commencement of work under this Agreement, file with CITY’s Risk Manager such certificate or certificates. The general liability insurance shall contain an endorsement naming the CITY as an additional insured. (f) The general liability policy required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in the Agreement. (g) The insurance provided by CONTRACTOR shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
(h) Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, CONTRACTOR shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or CONTRACTOR shall procure a bond guaranteeing payment of losses and expenses.
(i) The insurance coverage amounts required under the Agreement do not limit CITY’s right to recover against CONTRACTOR and its insurance carriers.

Section 12. Indemnification.
(a) CONTRACTOR agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including, without limitation, attorney’s fees and costs) arising from any intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of 5 B0785-0001\1142491v12.doc
CONTRACTOR or any person employed by CONTRACTOR in the performance of this Agreement.
(b) All duties of CONTRACTOR shall survive termination or expiration of the Agreement.

Section 13. Termination.
(a) CITY shall have the right to terminate this Agreement for any reason or for no reason upon five calendar days’ written notice to CONTRACTOR. CONTRACTOR agrees to cease all work under this Agreement on or before the effective date of such notice. (b) In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by CONTRACTOR, CONTRACTOR shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall CONTRACTOR be entitled to receive more than the amount that would be paid to CONTRACTOR for the full performance of the services required by this Agreement.

CONTRACTOR shall have no other claim against CITY by reason of such termination, including any claim for compensation.

Section 14. CITY’s Responsibility. CITY shall provide CONTRACTOR with all pertinent data, documents, and other requested information as is available for the proper performance of CONTRACTOR’s Scope of Work.

Section 15. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by CONTRACTOR and compensated by CITY pursuant to this Agreement as CITY deems appropriate.

Section 16. Records Retention and Examination. CONTRACTOR shall retain, protect, and maintain in an accessible location all records and documents, including paper, electronic, and computer records, with respect to all matters covered under this Agreement for five (5) years after receipt of final payment by CITY under the Agreement. CONTRACTOR shall make all such records and documents available for inspection, copying, or other reproductions, and auditing by authorized representatives of CITY, including the City Manager or designee, free of charge.

CONTRACTOR shall make available all requested data and records at reasonable locations within the County of Los Angeles at any time during normal business hours, and as often as CITY deems necessary. If records are not made available within the County of Los Angeles, CONTRACTOR shall pay CITY’s travel, hotel and meal costs to the location where the records are maintained. CONTRACTOR must include this provision in all subcontracts made in connection with this Agreement. This provision shall survive the termination of the Agreement.

Section 17. Nondiscrimination by CONTRACTOR. In the performance of this Agreement, CONTRACTOR assures that no person shall, on the basis of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under this Agreement or under any project, program or activity supported by the Agreement, as required by Title VI of the Civil Rights Act of 1964, as amended, the Civil Rights Restoration Act of 1987, and Federal Executive Order 12898 6 B0785-0001\1142491v12.doc
(Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations). CONTRACTOR shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, sexual orientation or other basis prohibited by law, and shall take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, religious creed, sex, gender, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information or sexual orientation.

Section 18. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during the receiving party’s regular business hours or by facsimile before or during the receiving party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the addresses set forth above, or to such other addresses as the parties may, from time to time, designate in writing pursuant to this section.

Section 19. Attorney’s Fees. In the event that either party commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action shall be entitled to reasonable attorney's fees, costs and necessary disbursements, in addition to such other relief as may be sought and awarded.

Section 20. Entire Agreement. This Agreement represents the entire integrated agreement between CITY and CONTRACTOR, and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may be amended only by a written instrument signed by both CITY and CONTRACTOR.

Section 21. Exhibits; Precedence. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail.

Section 22. Governing Law. The interpretation and implementation of this Agreement shall be governed by the domestic law of the State of California.

Section 23. CITY Not Obligated to Third Parties. CITY shall not be obligated or liable under this Agreement to any party other than CONTRACTOR.

Section 24. Severability. Invalidation of any provision contained herein or the application thereof to any person or entity by judgment or court order shall in no way affect any of the other covenants, conditions, restrictions, or provisions hereof, or the application thereof to any other person or entity, and the same shall remain in full force and effect.

EXECUTED the day of 20___, at Beverly Hills,
California.
7 B0785-0001\1142491v12.doc

CITY OF BEVERLY HILLS
A Municipal Corporation

GEORGE CHAVEZ
City Manager
CONTRACTOR:

RYOHEI YAMAMOTO
President

XAVIER POL
Secretary
APPROVED AS TO CONTENT:

MARK G. STAINBROOK
Chief of Police
LAURENCE S. WIENER
City Attorney
SHARON M. L’HEUREUX DRESSEL
Risk Manager
8 B0785-0001\1142491v12.doc

EXHIBIT A

SCOPE OF WORK
I. SCOPE OF WORK
CONTRACTOR shall perform the following services:

Provide new firearms and related equipment as set forth in section A and provide credit towards purchase for the trade-in of used police firearms and related equipment as set forth in Section B.

A. New Firearms and Related Equipment
B. Trade-In Used Firearms and Related Equipment
9 B0785-0001\1142491v12.doc
C. Delivery Schedule
All of the new equipment shall be delivered by VENDOR to CITY’s Police Department and is subject to CITY inspection and approval. Upon receiving CITY's new equipment, the CITY's trade in Used Firearms will be made available for pick up by VENDOR or delivery at VENDOR's expense.
10 B0785-0001\1142491v12.doc
II. INFECTIOUS DISEASE
A. The federal government and State of California, the County of Los Angeles, and CITY have declared an emergency due to a global pandemic caused by an infectious coronavirus which causes a disease referred to as COVID-19. In an effort to support and maintain a safe and healthy workplace for CITY employees and the community, CITY is requiring all contractors and CONTRACTOR to immediately monitor and track the signs and symptoms of COVID-19, the common cold and influenza for all of its employees and subcontractors (collectively “CONTRACTOR employees”) assigned to CITY projects that come onsite to any CITY facility to perform services under the Agreement.

B. CONTRACTOR shall notify CITY immediately in writing if CONTRACTOR or CONTRACTOR employees have come in contact with anyone with an infectious disease or has contracted an infectious disease. Such CONTRACTOR employees shall immediately cease performing services under the Agreement.

C. CONTRACTOR shall monitor CONTRACTOR employees’ signs and symptoms with written logs. CONTRACTOR shall maintain a daily recording of the following:

1. Require CONTRACTOR employees to take their temperature each time they enter and exit CITY facilities (both before and after work is performed at CITY facilities).

2. If CONTRACTOR employees have any symptoms of COVID-19, the common cold, or influenza including but not limited to a fever (100°F or higher), cough, trouble breathing, CONTRACTOR shall:
(a) Direct employees not to report to work.
(b) Contact your CITY Responsible Principal.

3. CONTRACTOR shall ask employees to identify any close contact they had with others at a CITY facility during the 48 hours prior to symptom onset or positive test, if asymptomatic. Close contact is defined as individuals who are within 6 feet of each other for 15 minutes or more over a 24 hour period. This definition may be modified by the Centers for Disease Control and/or the Los Angeles County Public Health Department.

4. CONTRACTOR shall disinfect all areas that CONTRACTOR’s employees come in contact with while performing services under the Agreement before and after usage.

5. CONTRACTOR employees shall not return to any CITY facility until they meet the quarantine / isolation guidance* of the Los Angeles County Department of Public Health. * CONTRACTOR acknowledges it has reviewed, understands and will follow the Los Angeles County Department of Public Health guidance workplaces.

D. CONTRACTOR shall also maintain daily monitoring and record keeping in connection with CITY projects where CONTRACTOR employees come on site for the following information:

1. Projects are adhering to Social Distancing and Industry Safety Standards for employees and the public. Please review Los Angeles County Department of Public Health guidelines for social distancing.
11 B0785-0001\1142491v12.doc

2. CONTRACTOR employees are not working while sick.

3. CONTRACTOR shall notify their CITY Project Manager or CITY Responsible Principal prior to reporting on site daily.

4. CONTRACTOR shall contact their CITY Project Manager or CITY Responsible Principal to reschedule non-essential services.

E. CONTRACTOR shall provide employees with handwashing and sanitizing equipment.

These requirements apply to all vendors and their employees regardless of whether they are fully vaccinated or not.

CONTRACTOR shall be required to know and adhere to Los Angeles County Public Health Order http://publichealth.lacounty.gov/media/Coronavirus/reopening-la.htm#orders.

For the latest CITY updates and COVID-19 related FAQs please visit http://www.beverlyhills.org/novelcoronavirus
CITY reserves the right to review CONTRACTOR’s daily logs to ensure compliance with this Agreement. CITY has the right to send CONTRACTOR employees home who do not comply with these requirements. CONTRACTOR shall maintain the recordings and logs in accordance with the Agreement.

For questions, please contact CITY’s Responsible Principal or Risk Management at 310- 285-1073.
12 B0785-0001\1142491v12.doc

EXHIBIT B

SCHEDULE OF PAYMENT AND RATES
CITY shall compensate CONTRACTOR for the satisfactory performance of the work described in the Agreement, or as mutually agreed upon in writing prior to performing services described in the Agreement, in an amount not to exceed One Hundred Twenty Thousand Dollars ($120,000.00).
(a) Prices and Trade-in Values
New Equipment
Trade-in Used Firearms and Related Equipment
13 B0785-0001\1142491v12.doc
(b) CONTRACTOR shall submit to CITY a detailed invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within 30 days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice. CITY shall pay CONTRACTOR said Consideration in accordance with the schedule of payment set forth in this Exhibit.

B0785-0001\1142491v12.doc

EXHIBIT C

CERTIFICATE OF INSURANCE
This is to certify that the following endorsement is part of the policy(ies) described below:

NAMED INSURED COMPANIES AFFORDING COVERAGE
A.

B.

ADDRESS C.

COMPANY
(A. B. C.) COVERAGE
POLICY
NUMBER

EXPIRATION
DATE
B.I. LIMITS
P.D.

AGGREGATE
AUTOMOBILE LIABILITY
GENERAL LIABILITY
PRODUCTS/COMPLETED

OPERATIONS
BLANKET CONTRACTUAL
CONTRACTOR'S PROTECTIVE
PERSONAL INJURY
EXCESS LIABILITY
WORKERS' COMPENSATION

It is hereby understood and agreed that the City of Beverly Hills, its City Council and each member thereof and every officer and employee of the City shall be named as joint and several assureds with respect to claims arising out of the following project or agreement:

It is further agreed that the following indemnity agreement between the City of Beverly Hills and the named insured is covered under the policy: Contractor agrees to indemnify, hold harmless and defend City, its City Council and each member thereof and every officer and employee of City from any and all liability or financial loss resulting from any suits, claims, losses or actions brought against and from all costs and expenses of litigation brought against City, its City Council and each member thereof and any officer or employee of City which results directly or indirectly from the wrongful or negligent actions of contractor's officers, employees, agents or others employed by Contractor while engaged by Contractor in the (performance of this agreement) construction of this project.

It is further agreed that the inclusion of more than one assured shall not operate to increase the limit of the company's liability and that insurer waives any right of contribution with insurance which may be available to the City of Beverly Hills.

In the event of cancellation or material change in the above coverage, the company will give 30 days written notice of cancellation or material change to the certificate holder.

Except to certify that the policy(ies) described above have the above endorsement attached, this certificate or verification of insurance is not an insurance policy and does not amend, extend or alter the coverage afforded by the policies listed herein.

Notwithstanding any requirement, term, or condition of any contract or other document with respect to which this certificate or verification of insurance may be issued or may pertain, the insurance afforded by the policies described herein is subject to all the terms, exclusions and conditions of such policies.

DATE: BY:

Authorized Insurance Representative
TITLE:

AGENCY: ADDRESS:

RM02.DOC REVISED 10/14/96.