1 AGREEMENT
FOR CONTRACT SERVICES FOR
CITY OF CORONADO Advanced Imaging Strategies, Inc.
CONTRACT NO. 24-PS-AS-831
THIS AGREEMENT is made and entered by
and between the CITY OF CORONADO, a California municipal corporation, hereinafter referred to as , and ADVANCED IMAGING STRATEGIES DBA AIS Advanced Imaging Solutions, INC., hereinaft
RECITALS
The CITY requires the services of an authorized Kyocera partner to provide automatic/scheduled toner delivery, break-fix service, preventive maintenance, telephone support, of Kyocera large
These required services are described in detail in
ATTACHMENT A: Scope of Services.
On April 2nd, 2024, the City sent out a notice inviting informal bids for this Agreement in Code. The City received one (1) responsive bid. CONTRACTOR was deemed qualified and its quote fair and reasonable.
CONTRACTOR warrants and represents itself as possessing the necessary experience, skills and qualifications to provide the services required by CITY and to ensure that all work is performed in a professional manner and the final product is of a high quality.
CONTRACTOR warrants and represents that it has the necessary staff to deliver the services within the time frame herein specified and is fully qualified to perform those services within the specified time frame in accordance with the highest standa profession.
The Director of Administrative Services shall serve as for this AGREEMENT and has the authority to direct the CONTRACTOR, approve actions, request changes, and approve additional services. Any obligation of the CITY shall be the responsibility of the Contract Officer.
2 The Information Technology Manager, Administrative Services, roject Coordinator AGREEMENT.
NOW THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CITY and CONTRACTOR agree as
follows:
1.0 TERMS OF AGREEMENT
1.1 This AGREEMENT shall be effective on and from the day, month and year of the execution of this document by the Parties. This AGREEMENT shall be in effect for a term of One (1) Year beginning on the contract execution date, during which time the CONTRACTOR shall commence and complete all of the services required pursuant to this AGREEMENT within One (1) Year pursuant to Section 1.3 herein.
1.2 This AGREEMENT is a firm, fixed-price contract for all labor and materials including, but not limited to, providing automatic/scheduled toner delivery, break-fix service, preventive which shall be pre-priced. All tasks to be
performed are to be completed, or this AGREEMENT is otherwise terminated. Prices shall remain firm upon execution of this AGREEMENT.
1.3 CONTRACTOR shall commence work under this AGREEMENT within the time period specified in Section 1.1. Time is of the essence in the performance of all obligations under this AGREEMENT, and all timing requirements shall be strictly adhered to unless otherwise modified in writing by the CITY. Failure to meet the schedule contained in this AGREEMENT is a default by the CONTRACTOR.
1.4 CONTRACTOR shall, without additional compensation, correct or revise any services performed pursuant to this AGREEMENT that do not meet the specifications and/or professional standards required of the CONTRACTOR.
2.0 SCOPE OF SERVICES (ATTACHMENT A)
2.1 CONTRACTOR shall provide CITY with the services and documents described in ATTACHMENT A, which is attached hereto and incorporated herein by this reference as though
2.2 The general manner in which the CONTRACTOR shall render the SERVICES is set forth in ATTACHMENT A. While CITY is, in general, concerned with the manner in which the SERVICES are rendered, under this AGREEMENT, as represented by CONTRACTOR, it is not concerned with, nor shall it direct, the specific means and methods of operations on the part of CONTRACTOR in the performance of its SERVICES under this AGREEMENT.
CONTRACTOR shall provide all labor, materials, equipment, tools and services required by and shall perform all work described in this AGREEMENT.
3 3.0 FEE SCHEDULE/GENERAL INFORMATION (ATTACHMENT B)
3.1 CONTRACTOR is hired to render the SERVICES and any payments made to CONTRACTOR are compensation, fully, for such services.
3.2 Payment to CONTRACTOR to render the SERVICES is set forth in ATTACHMENT B, which is attached hereto and incorporated herein by this reference as though fully set forth at length.
3.3 CONTRACTOR shall comply with all applicable Federal, State and local laws pertaining to the subject matter hereof or in any way regulating the activities undertaken by CONTRACTOR or any subcontractor hereunder.
4.0 CHANGES TO SCOPE OF WORK
CONTRACTOR shall not perform work in excess of the SERVICES without the prior written approval of the Contract Officer. All requests for extra work shall be by written change order submitted to, and approved by, the Contract Officer prior to the commencement of such work.
5.0 SUBCONTRACTING
5.1 Subcontracting is prohibited under this AGREEMENT.
6.0 ENTIRE AGREEMENT
6.1 This AGREEMENT and the incorporated attachments set forth the entire understanding of the Parties with respect to the subject matters herein. If there are any inconsistencies between the incorporated attachments and this AGREEMENT, the terms of this AGREEMENT control. There are no other understandings, terms or other agreements expressed or implied, oral or written, except as set forth herein. No change, alteration, or modification of the terms or conditions of this AGREEMENT, and no verbal understanding of the Parties, their officers, officials, agents, representatives, contractors, subcontractors or employees shall be valid unless agreed to in writing by both Parties.
7.0 TERMINATION OF AGREEMENT
7.1 In the event of failure to prosecute, deliver, or perform the SERVICES, CITY may terminate this AGREEMENT immediately by notifying CONTRACTOR by certified mail of said termination. Thereupon, CONTRACTOR shall cease work and, within two (2) working days, place all work in progress in a safe and protected condition. The City Manager of CITY shall make a determination of the percentage of work that CONTRACTOR performed that is usable and of worth to CITY. Based upon that finding, CITY shall determine any final payment due to CONTRACTOR.
4 7.2 This AGREEMENT may be terminated by the CITY, without cause, upon the giving of ONTRACTOR. Prior to the fifteenth (15th) day following
the giving of the notice, the CONTRACTOR shall assemble the completed work product to date, and put the same in order for proper filing and closing, and deliver said product to the CITY. The CONTRACTOR shall be entitled to just and equitable compensation for any satisfactory work completed. The CONTRACT OFFICER and CONTRACTOR shall endeavor to agree upon a percentage complete of the contracted work if fees are fixed, or an agreed dollar sum based on services performed if hourly, and terms of payment for services and reimbursable expenses.
CONTRACTOR hereby expressly waives any and all claims for damages or compensation arising under this AGREEMENT except as set forth herein.
8.0 [RESERVED]
9.0 COVENANT AGAINST CONTINGENT FEES
9.1 CONTRACTOR represents and warrants that it has not employed or retained any company or person, other than a bona fide employee working for CONTRACTOR, to solicit or secure this AGREEMENT, and that CONTRACTOR has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this AGREEMENT. For breach or violation of this representation and warranty, CITY shall have the right to terminate this AGREEMENT without liability or, at sole discretion, to deduct from the AGREEMENT price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
10.0 STATUS OF CONTRACTOR
10.1 CONTRACTOR shall perform the SERVICES in a manner of own choice, as an independent CONTRACTOR and in pursuit of independent calling, and not as an employee of CITY. CONTRACTOR shall be under control of CITY only as to the result to be accomplished and the personnel assigned to the project. However, CONTRACTOR shall confer with CITY prior to implementing any changes proposed to the SERVICES. Neither CONTRACTOR nor employees shall be entitled in any manner to any employment benefits, including but not limited to, employer paid payroll taxes, Social Security, retirement benefits, health benefits, or any other benefits, as a result of this AGREEMENT. It is the intent of the Parties that neither CONTRACTOR nor its employees are to be considered employees of CITY CONTRACTOR
shall indemnify, defend and hold CITY harmless from any such obligations on the part of its officers, employees, representatives and agents.
11.0 ASSIGNMENT OF CONTRACT
11.1 This AGREEMENT and any portion thereof shall not be assigned or transferred, nor shall any of the CONTRACTOR -contracted, without the express written consent of the CITY.
5 12.0 INDEMNITY HOLD HARMLESS
12.1 To the fullest extent permitted by law, CONTRACTOR agrees that CITY and its elected and appointed boards, officials, officers, agents, employees, representatives and volunteers (individually and collectively, "CITY Indemnitees") shall have no liability to CONTRACTOR or any other person for, and CONTRACTOR shall indemnify, defend and hold harmless CITY Indemnitees from and against, any and all liabilities, claims, demands, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements, (collectively "Claims") that arise out of, pertain to, or relate to this AGREEMENT or any act or omission of CONTRACTOR or its officers, directors, representatives, employees, agents or subcontractors
in connection with this AGREEMENT, including, but not limited to, performance of or failure to perform the SERVICES.
12.2 extend to liability for damages for death or
bodily injury to persons, injury to property, or other loss, damage or expense arising from the sole negligence or willful misconduct by the CITY or its elected and appointed boards, officials, officers, agents, employees, representatives or volunteers.
12.3 CONTRACTOR shall provide a defense (with counsel acceptable to CITY) sole
bilities (including judgment or portion thereof) incurred with respect to any litigation in which the CONTRACTOR is obligated to indemnify, defend and hold harmless the CITY pursuant to this AGREEMENT.
12.4 PERS Eligibility Indemnification. In the event that any of CONTRACTOR PERSONNEL is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS of the CITY, CONTRACTOR shall indemnify, defend (with counsel acceptable to CITY), and hold harmless CITY for the payment of any employer and employee contributions for PERS benefits on behalf of as well as for payment of any penalties and interest on such contributions which would otherwise be the responsibility of the CITY.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, CONTRACTOR PERSONNEL providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation and benefit including but not limited to eligibility to enroll in PERS as an employee of CITY and entitlement to any contributions to be paid by CITY for employer contributions and/or employee contributions for PERS benefits.
12.5 Limitation of CITY Liability. The payment made to CONTRACTOR pursuant to this contract shall be the full and complete compensation to which CONTRACTOR and CONTRACTOR PERSONNEL are entitled for performance of any work under this contract. Neither CONTRACTOR nor CONTRACTOR PERSONNEL are entitled to any salary or wages, or retirement, health, leave or other fringe benefits applicable to employees of the CITY. The CITY will not make any federal or state tax withholdings on behalf of 6 CONTRACTOR. The CITY shall not be required to pay a
on behalf of CONTRACTOR.
12.6 Indemnification for Employee Payments. CONTRACTOR agrees to defend (with counsel acceptable to CITY), and indemnify and hold harmless the CITY for and against any obligation, claim, suit or demand for tax, retirement contribution including any contribution to the Public Employees Retirement System (PERS), social security, salary or wages, overtime payment, of
CONTRACTOR or for work done under this AGREEMENT.
12.6.1 Prevailing Wage. CONTRACTOR is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage g
Wage Laws, and if the total compensation is $1,000 or more, CONTRACTOR agrees to fully comply with such Prevailing Wage Laws. CONTRACTOR shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the CONTRACTOR and all subcontractors to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.
12.7 The provisions of this Section 12 shall not be limited by any provision of insurance coverage that the CONTRACTOR may have in effect, or may be required to obtain and maintain, during the term of this AGREEMENT. The provisions of this Section 12 shall survive expiration or termination of this AGREEMENT.
12.8 City shall timely notify the CONTRACTOR of the receipt of any third-party claim, relating to the AGREEMENT, and the City shall be entitled to recover its reasonable costs incurred in providing the notification.
12.6 Responsibility For Equipment. Notwithstanding anything in this AGREEMENT to the contrary, CITY shall not be responsible nor held liable for any damage whatsoever, including, but not limited to persons or property, resulting from or arising out of the use, misuse or failure of any equipment used by CONTRACTOR or any of its agents, employees or subcontractors, even if such equipment has been furnished, rented or loaned to CONTRACTOR by CITY. Any and all equipment furnished, rented or loaned to CONTRACTOR
CITY MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, 7 REGARDING ITS EQUIPMENT, AND HEREBY EXPRESSLY DISCLAIMS ALL
WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The acceptance or use of any CITY equipment by CONTRACTOR or its agents, employees, or subcontractors shall be with all faults and shall be construed to mean that CONTRACTOR accepts full responsibility for and agrees to defend, indemnify and hold harmless CITY from and against any and all claims for any damage whatsoever resulting from the use, misuse or failure of such equipment. CONTRACTOR HEREBY RELEASES, WAIVES, DISCHARGES AND
CONVENANTS NOT TO SUE CITY FOR ANY AND ALL LIABILITY FROM ANY AND ALL CLAIMS RELATING TO ANY CITY EQUIPMENT.
13.0 INSURANCE
13.1 CONTRACTOR shall procure and maintain for the duration of this AGREEMENT insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the SERVICES and the results of that work by . Insurance shall be placed with insurers with a current A.M.
Risk Manager.
13.2 CONTRACTOR shall obtain, and during the term of this AGREEMENT shall maintain, policies of general liability, automobile liability, contractual liability and property damage insurance from an insurance company or companies authorized to be in business in the State of California, in an insurable amount of not less than one million dollars ($1,000,000) per occurrence and two million dollars ($2,000,000) aggregate or the limits specified below, whichever are greater. The insurance policies shall provide that the policies shall remain in full force during the full term of this AGREEMENT and shall not be canceled, terminated, or allowed to expire or not be renewed without thirty (30) days prior written notice to CITY from the insurance company, and shall contain a blanket waiver of subrogation.
acceptable on insurance certificates. Maintenance of specified insurance coverage is a material element of this AGREEMENT.
13.3 Types and Amounts Required. CONTRACTOR shall maintain, at minimum, the following insurance coverage for the duration of this AGREEMENT:
13.3.1 Commercial General Liability (CGL). CONTRACTOR shall maintain CGL Insurance written on an ISO Occurrence form or equivalent providing coverage at least as broad as CG 00 01 which shall cover liability arising from any and all personal injury or property damage, including ongoing and completed operations, in the amount no less than $2,000,000.00 per occurrence and subject to an annual aggregate of $4,000,000.00. If limits apply separately to this project (CG 25 03 or 25 04) the general aggregate limit shall not apply. There shall be no endorsement or modification of the CGL limiting the scope of coverage for either insured vs. insured claims or contractual liability. All defense costs shall be outside the limits of the policy.
If CONTRACTOR maintains higher limits than the limits shown above, the CITY shall be entitled to coverage for the higher limits maintained by the CONTRACTOR. Any available insurance 8 proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the CITY. Any excess or umbrella policies being used to meet the required limits of insurance will be evaluated separately and must meet the same qualifica primary policy.
13.3.2 Commercial Automobile Liability. CONSULTANT shall maintain Commercial Automobile Liability Insurance for all of the CONSULTANT's automobiles, including owned, hired and non-owned automobiles, automobile insurance written on an ISO form CA 00 01 12 90 or a later version of this form or an equivalent form providing coverage at least as broad for bodily injury and property damage for a combined single limit of no less than $1,000,000.00 per occurrence. Insurance certificate shall reflect coverage for any automobile (any auto).
13.3.3 Workers' Compensation. CONTRACTOR
Compensation insurance for all of CONTRACTOR's PERSONNEL who are subject to this AGREEMENT and to the extent required by applicable state or federal law, a Workers' Compensation policy providing at minimum $1,000,000.00 employers' liability coverage. The CONTRACTOR shall provide an endorsement that the insurer waives the right of subrogation against the CITY and its respective elected officials, officers, employees, agents and representatives.
13.4 The CITY and its officers, officials, employees, agents, representatives and volunteers shall be named as additional insureds on the required liability policies with respect to liability arising out of work or operations performed by or on behalf of the CONTRACTOR including materials, parts, or equipment furnished in connection with such work or operations. The CITY's additional insured status must be reflected on additional insured endorsement form (20 10 1185 or 20 10 1001 and 20 37 1001), which shall be submitted to the CITY.
13.5 All policies shall contain a provision stating that the CO primary insurance and that insurance (including self-retention) of the CITY or any named insured shall not be called upon to contribute to any loss, as reflected in an endorsement at least as broad as CG 20 01 04 13, which shall be submitted to the CITY. This provision shall apply regardless of any language of the policy maintained by the CONTRACTOR during the term of this AGREEMENT.
13.6 Before CONTRACTOR shall employ any person or persons in the performance of the AGREEMENT, CONTRACTOR shall procure a policy of Workers' Compensation Insurance as required by the Labor Code of the State of California or shall obtain a certificate of self-insurance from the Department of Industrial Relations.
13.7 Prior to commencement of work under this AGREEMENT, CONTRACTOR shall furnish to the Contract Officer proof of the insurance required in this section. Failure by the Contract Officer to object to the contents of the certificate and/or policy endorsement or the absence of same shall not be deemed a waiver of any and all rights held by the CITY. Failure on the part of CONTRACTOR to procure or maintain in full force the required insurance shall constitute a material breach of contract under which the CITY may exercise any rights it has in law or equity including, but not limited to, terminating this AGREEMENT pursuant to Paragraph 7.1 above. 9 13.8 The CITY reserves the right to review the insurance requirements of this section during the effective period of the AGREEMENT and to modify insurance coverages and their limits when deemed necessary and prudent by City's Risk Manager based upon economic conditions, recommendation of professional insurance advisors, changes in statutory law, court decisions or other relevant factors. The CONTRACTOR agrees to make any reasonable request for the deletion, revision, or modification of particular insurance policy terms, conditions, limitations, or exclusions (except where those policy provisions are established by law, or are established by regulations that are binding upon either party to the contract, or are binding upon the underwriter to the contract).
Upon request by CITY, CONTRACTOR shall exercise reasonable efforts to accomplish such changes in policy coverages and shall pay the cost thereof.
13.9 Any deductibles or self-insured retentions are the responsibility of CONTRACTOR and must be declared to and approved by the CITY. At the CITY's option, the CONTRACTOR shall demonstrate financial capability for payment of such deductibles or self-insured retentions.
13.10 CONTRACTOR hereby grants to CITY a waiver of any right to subrogation that any insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance. This provision applies regardless of whether or not the CITY has requested or received a waiver of subrogation endorsement from the insurer.
14.0 DISPUTES
14.1 If a dispute should arise regarding the performance of this AGREEMENT, the following procedures shall be used to address the dispute:
a. If the dispute is not resolved informally, then, within five (5) working days thereafter, the CONSULTANT shall prepare a written position statement containing the party s full position and a recommended method of resolution and shall deliver the position statement to the CONTRACT OFFICER.
b. Within ten working (10) days of receipt of the position statement, the CONTRACT OFFICER shall prepare a response statement containing the full position and a recommended method of resolution and shall deliver the response statement to the CONSULTANT.
c. After the exchange of statements, if the dispute is not resolved within ten working (10) days, the CONSULTANT and the CONTRACT OFFICER shall deliver the statements to the City Manager who shall make a determination within ten working (10) days.
14.2 If the dispute remains unresolved
determination, and the parties have exhausted the procedures of this section, the parties may then seek resolution by mediation or such other remedies available to them by law or in equity.
15.0 NOTICES
10 15.1 Any notices to be given under this AGREEMENT, or otherwise, shall be served by certified mail.
15.2 For the purposes hereof, unless otherwise provided in writing by the Parties hereto, the address of the Parties and the proper person to receive any notice on behalf is:
For CITY:
Services Supervisor
Public Services & Engineering Department
City of Coronado
101 B Avenue
Coronado, CA 92118
For CONTRACTOR:
Jason Harrow
Account Manager
Advanced Imaging Solutions, Inc.
3865 W Cheyenne Avenue Suite 505
North Las Vegas, NV 89032
15.4 CONTRACTOR represents and warrants that its employer's identification number is C2586785.
16.0 CERTIFICATION OF AWARENESS OF IMMIGRATION
REFORM AND CONTROL ACT OF 1986
16.1 CONTRACTOR certifies that CONTRACTOR is aware of the requirements of the Immigration Reform and Control Act of 1986 (8 USC §§ 1101-1525) and has complied and will comply with these requirements including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants before they perform any SERVICES under this AGREEMENT.
17.0 GENERAL PROVISIONS
17.1 Accounting Records. CONTRACTOR shall keep records of the direct reimbursable expenses pertaining to the SERVICES and the records of all accounts between the CONTRACTOR and any subcontractors. CONTRACTOR shall keep such records on a generally recognized accounting basis. These records shall be made available to the Contract Officer, or the Contract Officer's authorized representative, at mutually convenient times, for a period of three (3) years from the completion of the SERVICES.
17.2 Contract Officer. The Information Technology Manager
CONTRACTOR,
approve actions, request changes, and approve additional services within her/his authority. Any 11 obligation of the CITY shall be the responsibility of the Contract Officer. Excepting the provisions pertaining to dispute resolution, no other person shall have any authority under this AGREEMENT unless specifically delegated in writing.
17.3 Governing Law. This AGREEMENT and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this AGREEMENT shall be held exclusively in a state court in the County of San Diego. CONTRACTOR hereby irrevocably consents to service outside the State of California and to the personal jurisdiction of and exclusive venue in the state and federal courts in the County of San Diego, California and waives any objection to such jurisdiction or venue. CONTRACTOR hereby waives the right to remove any action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394.
17.4 Business Certificate. CONTRACTOR and its subcontractors, if any, are required to obtain and maintain a City Business Certificate during the duration of this AGREEMENT.
17.5 Compliance with Law. The CONTRACTOR shall be responsible for complying and ensuring its subcontractors comply with all local, state, and federal laws, rules, regulations, orders, policies, protocols and guidance, whether or not said laws are expressly stated or referred to herein, including, but not limited to complying with COVID-19 sanitation protocols, health orders and guidance.
17.6 Bonds. [RESERVED]
17.7 Responsibility for Others. CONTRACTOR shall be responsible to the CITY for its services and the services of its subcontractors. CONTRACTOR shall not be responsible for the acts or omissions of other parties engaged by the CITY nor for their construction means, methods, techniques, sequences, or procedures, or their health and safety precautions and programs.
17.8. Drafting Ambiguities. The Parties agree that they are aware that they have the right to be advised by counsel with respect to the negotiations, terms and conditions of this AGREEMENT, and the decision of whether or not to seek advice of counsel with respect to this AGREEMENT is a decision that is the sole responsibility of each Party. This AGREEMENT shall not be construed in favor of or against either Party by reason of the extent to which each Party participated in the drafting of the AGREEMENT.
17.9. Conflicts between Terms. If an apparent conflict or inconsistency exists between the main body of this AGREEMENT and the Attachments, the main body of this AGREEMENT shall control. If a conflict exists between an applicable federal, state, or local law, rule, regulation, order, or code and this AGREEMENT, the law, rule, regulation, order, or code shall control. Varying degrees of stringency among the main body of this AGREEMENT, the Exhibits, and laws, rules, regulations, orders, or codes are not deemed conflicts, and the most stringent requirement shall control. Each Party shall notify the other immediately upon the identification of any apparent conflict or inconsistency concerning this AGREEMENT and shall cooperate in good faith to resolve the same.
12 17.10 Non-Discrimination. CONTRACTOR shall not discriminate against any employee or applicant for employment because of sex, race, color, age, religion, ancestry, national origin, disability, military or veteran status, medical condition, genetic information, gender expression, marital status, or sexual orientation. CONTRACTOR shall take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their sex, race, color, age, religion, ancestry, national origin, disability, military or veteran status, medical condition, genetic information, gender expression, marital status, or sexual orientation and shall make reasonable accommodation to qualified individuals with disabilities or medical conditions. Such action shall include, but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship.
CONTRACTOR agrees to post in conspicuous places available to employees and applicants for employment any notices provided by CITY setting forth the provisions of this non-discrimination clause.
17.7 Rights Cumulative. All rights, options, and remedies of the CITY contained in this AGREEMENT shall be construed and held to be cumulative, and no one of the same shall be exclusive of any other, and the CITY shall have the right to pursue any one of all of such remedies or any other remedy or relief that may be provided by law or in equity, whether or not stated in this AGREEMENT.
17.8 Waiver. No waiver by either Party of a breach by the other Party of any of the terms, covenants, or conditions of this AGREEMENT shall be construed or held to be a waiver of any succeeding or preceding breach of the same or any other term, covenant or condition herein contained. No waiver of any default of either Party hereunder shall be implied from any omission by the other Party to take any action on account of such default if such default persists or is repeated, and no express waiver shall affect default other than as specified in said waiver.
17.9 Third Parties. No provision contained in the AGREEMENT shall create or give to third parties any claim or right of action against the CITY or CONTRACTOR or their respective officers, directors, officials, employees, representatives, contractors, subcontractors or agents.
17.10 Survival. The provisions of the AGREEMENT that by their nature survive termination or final completion of the AGREEMENT, including all warranties, indemnities, payment obligations, and the CITY's right to audit CONTRACTOR's books and records, shall remain in full force and effect after final completion or any termination of the AGREEMENT.
17.11 Severability. In the event that any part of this AGREEMENT is found to be illegal or unenforceable under the law as it is now or hereafter in effect, either Party will be excused from performance of such portion or portions of this AGREEMENT as shall be found to be illegal or unenforceable without affecting the remaining provisions of this AGREEMENT.
17.12 Exhibits Incorporated. All Attachments/Exhibits referenced in this AGREEMENT are incorporated into the AGREEMENT by this reference.
13 18. SIGNATURES
18.1 Each signatory and Party hereto hereby warrants and represents to the other Party that it has legal authority and capacity and direction from its principal to enter into this AGREEMENT, and that all resolutions or other actions have been taken so as to enable it to enter into this AGREEMENT.
CITY: CONTRACTOR:
By: ______________________________
Tina Friend
City Manager By: ______________________________
Gary Harouff
Chief Executive Officer
Date: _____________________________ Date: ____________________________ By: ______________________________
Francine Do
Secretary
Date: ___________________________
APPROVAL AS TO CONTENT: ____________________________________ ___________________ John Kim Date
Director of Administrative Services
APPROVAL AS TO FORM: ____________________________________ ___________________ Johanna N. Canlas, City Attorney Date
ATTEST: ____________________________________ ___________________ Kelsea Holian, MMC, City Clerk Date I. REQUIRED CERTIFICATES:
14 1. CORPORATION CERTIFICATE
2. II. ATTACHMENTS
1. SCOPE OF SERVICES (ATTACHMENT A)
Exhibit I Copier Inventory
2. FEE SCHEDULE/GENERAL INFORMATION (ATTACHMENT B);
3. NON-COLLUSION DECLARATION (ATTACHMENT C); and
15 CORPORATION CERTIFICATE
I, _______________________________________________________________, certify that:
1. I am the Secretary of the Corporation named as CONTRACTOR in the foregoing AGREEMENT;
2. ___________________________________________________________ who signed said AGREEMENT on behalf of CONTRACTOR, was then _________________ ___________________________________________________________________ of said Corporation; and
3. Said AGREEMENT was duly signed for and in behalf of said Corporation by authority of its governing body and is within the scope of its corporate powers. ___________________________________________________________ (Corporate Seal) ______________________________________________________________ NOTE: APPROPRIATE NOTARIAL ACKNOWLEDGMENT OF EXECUTION MUST BE ATTACHED TO THIS FORM.
16 COMPENSATION
Section 3700 of the California Labor Code provides in part as follows:
"Every employer except the State shall secure the payment of compensation in one or more of the following ways:
A. By being insured against liability to pay compensation to one or more insurers duly authorized to write compensation insurance in this state.
B. By securing from the Director of Industrial Relations a certificate of consent to self-insure which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self-insure and to pay any compensation that may become due to his other employees...."
I am aware of the provisions of Section 3700 of the Labor Code, which require every employer to be insured against liability f -insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of any of the work of the foregoing AGREEMENT.
Contractor Name: Advanced Imagining Solutions, Inc.
Signature:
Name: Gary Harouff
Title: Chief Executive Officer
Contractor Address: 3865 W Cheyenne Ave Suite 505
North Las Vegas, NV 89032
NOTE: In accordance with Article 5, commencing at Section 1860, Chapter 1, Part 7, Division 2, of the Labor Code, the above certificate must be signed and filed with the awarding body prior to performing any work under this AGREEMENT.
17 ATTACHMENT A
SCOPE OF SERVICES
I. GENERAL TERMS & CONDITIONS:
CONTRACTOR shall provide all labor, materials and supervision required to provide automatic/scheduled, or as otherwise required, toner delivery, break-fix service, preventive maintenance, telephone support, and pricing for replacement and additional devices. As further described below, CONTRACTOR shall provide to the CONTRACT OFFICER a written schedule of work to be done.
CONTRACTOR shall carefully examine the work site. The execution of this AGREEMENT by the CONTRACTOR shall be considered evidence that the CONTRACTOR has investigated, and is satisfied as to, the conditions to be encountered, the character and quality of the work to be performed and materials to be furnished, and the requirements of all documents referred to in this AGREEMENT.
II. CONTRACT DOCUMENTS
A. PROJECT PLANS: See attached Exhibit I.
B. PROJECT SPECIFICATIONS: See attached Exhibit II.
III. PERFORMANCE SPECIFICATIONS
A. GENERAL SPECIFICATIONS:
These specifications are intended to cover all labor, materials and supervision to provide all materials and supervision required to provide automatic/scheduled, or as otherwise required, toner delivery, break-fix service, preventative maintenance, telephone support, and pricing for replacement and additional devices.
B. CONTRACTOR SHALL:
1. Within three (3) work days after the effective date of the AGREEMENT, prepare and submit a schedule to the CONTRACT OFFICER, showing specific day/date/time of work. Schedule is subject to preapproval by the CONTRACT OFFICER.
2. Notify the CONTRACT OFFICER prior to the scheduled day/date/time of changes for an alternate start date. Failure to meet schedule shall be deemed grounds for non-payment and/or contract termination.
3. CONTRACTOR shall provide preventative maintenance on Equipment.
Maintenance shall be performed on-site at the City location of each unit in 18 accordance with manufacturer's specifications and recommendations for each respective unit.
4. CONTRACTOR shall provide customized billing as directed by the City.
Billing may be segregated by department, accounting codes, or any other methodology cited by the Project Manager.
5. CONTRACTOR shall proactively monitor Equipment and provide for the automatic shipment and replenishment of toner supplies when levels reach 25%.
6. CONTRACTOR shall provide emergency loaner units for any Equipment that cannot be repaired within two (2) business days
7. CONTRACTOR shall only use original equipment manufacturer parts and toner when servicing or repairing Equipment.
8. CONTRACTOR shall provide quarterly reviews to monitor Equipment performance and City satisfaction and serviceability.
9. CONTRACTOR shall configure Equipment for the appropriate network or PC environments based upon the network discovery performed.
10. CONTRACTOR shall train City Information Technology ("IT") staff member(s) of the City's designation on server setup and configuration.
11. CONTRACTOR shall train City IT staff member(s) of the City's designation on workstation printer setup and configuration.
12. CONTRACTOR shall train City IT staff member(s) of the City's designation on the use of the print driver in a "train-the-trainer' format.
13. CONTRACTOR shall generate server and workstation printer test pages.
14. CONTRACTOR agrees that any and all information viewed through and during the performance of Services in accordance with this Agreement is confidential and may not be disclosed without City consent unless ordered by law.
C. NON-SCHEDULED/EXTRA WORK:
1. CONTRACTOR shall evaluate the specific job and labor required upon arrival at the job site; develop an estimate at no cost to CITY of the expected hours, materials and job cost; and advise CONTRACT OFFICER of cost prior to proceeding with the work. CITY reserves the right to accept or .
19 2. CONTRACTOR shall proceed with the work after receipt of written authorization by CONTRACT OFFICER.
IV. PROJECT MATERIALS:
numbers used in the specifications are for the purpose of describing and establishing general quality levels. Such references are not intended to be restrictive. Bids will be considered for alternative brands that meet or exceed the quality of the specifications listed for any item.
V. GENERAL REQUIREMENTS:
A. CONTRACTOR SHALL:
1. CONTRACTOR, as well as any of its subcontractors, shall possess and maintain a current City of Coronado business certificate, professional license, and Department of Industrial Relations number.
2. Provide and maintain a telephone answering system that provides for contact during normal business hours, (8:00 a.m. to 5:00 p.m.) Monday through Friday.
3. Respond to calls within [four (4)] hours.
4. Abide by all applicable laws.
VI GENERAL CONDITIONS:
1. All work shall be subject to the inspection and approval by the Project Coordinator or his/her designee at the site prior to acceptance and approval for payment.
2. Workers shall be courteous to the public and CITY staff utilizing the facilities, and shall be responsive only to the request of the Project Coordinator, and shall direct all inquiries or requests to the Project Coordinator. Exception: If the specific request involves public safety or security of the specific facility, CONTRACTOR shall immediately comply with the request.
IN ADDITION TO THE SPECIFICATIONS, THE FOLLOWING SHALL APPLY:
VII. TERMS AND CONDITIONS:
1. Payment: Payment shall be net 30 days after receipt of an undisputed invoice subject to routine processing requirements. The responsibility for providing an acceptable invoice rests with the CONTRACTOR.
20 2. Invoicing: Invoices shall be submitted no sooner than the first day of the service month being invoiced. CONTRACTOR shall email an invoice to [email protected] with a backup copy sent to the following address:
Administrative Services
City of Coronado
1825 Strand Way
Coronado, California 92118
Invoices shall be subject to the routine processing requirements of the Department of Administrative Services.
3. Authorized Work: Payment shall only be made to the CONTRACTOR for work authorized by this AGREEMENT.
4. Default: In case of default by the CONTRACTOR, the CITY may procure the service from other sources and may deduct costs from the unpaid balance due the CONTRACTOR. The prices paid by the CITY shall be the prevailing market price at the time such purchase is made. This is in addition to any other remedies available at law or in equity.
5. Change of Ownership: CONTRACTOR agrees that if there is a change in ownership prior to completion of this AGREEMENT, the new owners will be required under terms of sale to assume this AGREEMENT and complete it to the satisfaction of the CITY. The CITY reserves the right to approve a change in ownership.
6. CONTRACTOR Work Hours and Safety Standards: The CONTRACTOR shall ensure compliance with all safety and hourly requirements for employees, in accordance with Federal, State, and local safety and health regulations and laws.
Equipment operation will be in compliance with the CITY
7. Material Safety Data Sheets: CONTRACTOR is required to provide Material Safety Data Sheet (MSDS) for any hazardous substances used as required by the California State Labor Code, Sections 6382 and 6390, and the Health and Safety Code of the California Administrative Code. MSDS sheets for each item shall be sent to:
Information Technology Manager
Administrative Services Department
City of Coronado
1825 Strand Way
Coronado, California 92118
21 8. Patent/Copyright Materials: Unless otherwise expressly provided in this AGREEMENT, CONTRACTOR shall be solely responsible for clearing the right to use any patented or copyrighted materials in the performance of this AGREEMENT.
9. Declared Emergency Purchasing: In the event of an emergency or where the CITY is declared a disaster area by the County, State or Federal Government, this AGREEMENT may be subjected to unusual usage. CONTRACTOR shall service the CITY during an emergency or declared disaster under the same terms and conditions that apply during non-disaster circumstances. The pricing quoted within shall apply to servicing the needs regardless of the circumstances.
10. Terms and Conditions: The only terms and conditions that will be applicable to the interpretation of this AGREEMENT are those issued by the Contract Officer.
The CONTRACTOR acknowledges that CONTRACTOR has read and agrees to all terms and conditions.
22 EXHIBIT I
Device Inventory
Exhibit I - Inventory of Printers and Copiers Serial number Make Model Location name Address Recent BW Meter Recent Color Meter CNRC6906HR HP 1320 Public Services & Engineering 101 B Avenue 43041 n/a CNHC65T37Z HP 1320 Recreation & Golf Services 1845 Strand Way 73468 n/a CNHC6543XJ HP 1320 Police Services 700 Orange Avenue 25031 n/a CNHC5DV09N HP 1320 Police Services 700 Orange Avenue 18805 n/a RFE0X06823 Kyocera 3553ci Library Services 640 Orange Avenue 17606 5228 N281200021 Kyocera 5550ci City Hall 1825 Strand Way 28243 50036 W2D6900551 Kyocera 6052ci Recreation & Golf Services 1019 7th Street 68401 299971 VA79401187 Kyocera 8052ci Fire Services 1001 Sixth Street 128321 85767 VA79401210 Kyocera 8052ci Public Services & Engineering 101 B Avenue 103834 75300 VA77300250 Kyocera 8052ci City Hall 1825 Strand Way 871893 557454 VA77400297 Kyocera 8052ci City Hall 1825 Strand Way 462096 363956 VA79401213 Kyocera 8052ci Recreation & Golf Services 1845 Strand Way 85584 226188 VA78Y01015 Kyocera 8052ci Library Services 640 Orange Avenue 228570 301964 VA78800847 Kyocera 8052ci Police Services 700 Orange Avenue 289786 185763 VA79401159 Kyocera 8052ci Police Services 700 Orange Avenue 94838 96034 NXW2500009 Kyocera C8650DN City Hall 1825 Strand Way 148872 254164 NNE3713817 Kyocera FS-3640 City Hall 1825 Strand Way 77228 n/a NNE2606919 Kyocera FS-3640 Police Services 700 Orange Avenue 214085 n/a XVK2Y50285 Kyocera FS-4020DN City Hall 1825 Strand Way 7845 n/a XVK2242110 Kyocera FS-4020DN Police Services 700 Orange Avenue 9962 n/a XVK2242567 Kyocera FS-4020DN Police Services 700 Orange Avenue 5619 n/a NUK3813336 Kyocera FS-4100DN Fire Services 1001 Sixth Street 33584 n/a NUK2801066 Kyocera FS-4100DN Fire Services 1001 Sixth Street 144007 n/a NUK2801778 Kyocera FS-4100DN Police Services 700 Orange Avenue 48611 n/a NUK2800158 Kyocera FS-4100DN Police Services 700 Orange Avenue 169055 n/a LPD6753823 Kyocera FS-4200DN Police Services 700 Orange Avenue 1000 n/a LPD4Y21891 Kyocera FS-4200DN Police Services 700 Orange Avenue 39046 n/a NMM2X03990 Kyocera FS-C2626 Fire Services 1001 Sixth Street 26262 23000 NMM3705939 Kyocera FS-C2626 Recreation & Golf Services 1845 Strand Way 88914 76468 NMM2302292 Kyocera FS-C2626 Recreation & Golf Services 1845 Strand Way 56191 32726 VNB3C48629 HP M201dw Recreation & Golf Services 1845 Strand Way 122256 n/a LSM6723515 Kyocera M3550idn Public Services & Engineering 101 B Avenue 10994 n/a VE88104165 Kyocera M5526cdw Public Services & Engineering 101 B Avenue 3654 12883 VE88204530 Kyocera M5526cdw Public Services & Engineering 101 B Avenue 1114 2491 VE89107747 Kyocera M5526cdw Public Services & Engineering 101 B Avenue 4069 11508 CNBCD3F0F0 HP M601 Recreation & Golf Services 1845 Strand Way 99536 n/a CNBCD1S00C HP M602 City Hall 1825 Strand Way 385428 n/a RC12Y09770 Kyocera M6235cidn Fire Services 1001 Sixth Street 46 122 RC12Z11384 Kyocera M6235cidn City Hall 1825 Strand Way 1842 4104 RC13212139 Kyocera M6235cidn City Hall 1825 Strand Way 223 565 RC11Y06387 Kyocera M6235cidn Recreation & Golf Services 1845 Strand Way 3705 3060 LWN4501872 Kyocera M6526cidn Police Services 700 Orange Avenue 1000 1800 V665500235 Kyocera M6530cdn Public Services & Engineering 101 B Avenue 5248 25581 V6D7813603 Kyocera M6535 Public Services & Engineering 101 B Avenue 3272 12367 Inventory Exhibit I - Inventory of Printers and Copiers Serial number Make Model Location name Address Recent BW Meter Recent Color Meter V6D5903446 Kyocera M6535 City Hall 1825 Strand Way 89958 101934 V6D8116403 Kyocera M6535 Police Services 700 Orange Avenue 9473 48472 RC49707776 Kyocera M6635cidn Public Services & Engineering 101 B Avenue 11355 2670 RC49708041 Kyocera M6635cidn Public Services & Engineering 101 B Avenue 6125 3185 RC40311141 Kyocera M6635cidn Public Services & Engineering 101 B Street 19130 n/a RC48701600 Kyocera M6635cidn Fire Services 101 Grand Caribe Causeway 15740 20378 RC49105108 Kyocera M6635cidn City Hall 1825 Strand Way 82388 18202 RC40Z14485 Kyocera M6635cidn Recreation & Golf Services 2000 Visalia Row 5465 7739 RC48701664 Kyocera M6635cidn Fire Services 920 Ocean Blvd 10695 20681 VNB3B71010 HP P1606 Fire Services 1001 Sixth Street 42843 n/a CNBJ516492 HP P2055 City Hall 1825 Strand Way 12846 n/a CNBJ513615 HP P2055 City Hall 1825 Strand Way 21262 n/a CNB1721070 HP P2055 City Hall 1825 Strand Way 1451 n/a CNB9N58841 HP P2055 City Hall 1825 Strand Way 69517 n/a JPBF909316 HP P2055 Police Services 700 Orange Avenue 110590 n/a VNBCB1N0PG HP P3015 Police Services 700 Orange Avenue 15785 n/a VM38520298 Kyocera P3045 Fire Services 1001 Sixth Street 10739 n/a VM38824385 Kyocera P3045 City Hall 1825 Strand Way 74094 n/a VM38722021 Kyocera P3045 City Hall 1825 Strand Way 15451 n/a VM38520297 Kyocera P3045 Police Services 700 Orange Avenue 28655 n/a VM38520276 Kyocera P3045 Police Services 700 Orange Avenue 15234 n/a VM38621042 Kyocera P3045 Police Services 700 Orange Avenue 8576 n/a VM38621027 Kyocera P3045 Police Services 700 Orange Avenue 12936 n/a R4H9600457 Kyocera P3145dn City Hall 1825 Strand Way 28360 n/a R4H9701790 Kyocera P3145dn City Hall 1825 Strand Way 52933 n/a R4H1321588 Kyocera P3145dn City Hall 1825 Strand Way 3625 n/a R4H0Z18781 Kyocera P3145dn City Hall 1825 Strand Way 2351 n/a R4H1Y28286 Kyocera P3145dn City Hall 1825 Strand Way 6022 n/a R4H2433207 Kyocera P3145dn Recreation & Golf Services 2000 Mullinix 797 n/a R4H1120497 Kyocera P3145dn Library Services 640 Orange Avenue 1861 n/a R4H1Z29110 Kyocera P3145dn Library Services 640 Orange Avenue 473 n/a R4H1X25711 Kyocera P3145dn Library Services 640 Orange Avenue 914 n/a R4H9600450 Kyocera P3145dn Police Services 700 Orange Avenue 97334 n/a R4H1118943 Kyocera P3145dn Police Services 700 Orange Avenue 1310 n/a R4H1Y28281 Kyocera P3145dn Police Services 700 Orange Avenue 14721 n/a H8A3900254 Kyocera PA3500CX Public Services & Engineering 101 B Avenue 76 unk CNDX246943 HP P4014 Police Services 700 Orange Avenue 51656 n/a CNDX195729 HP P4014 Police Services 700 Orange Avenue 73877 n/a CNDX167538 HP P4014 Police Services 700 Orange Avenue 345529 n/a CNDYB62038 HP P4015 Fire Services 1001 Sixth Street 71223 n/a CNDY311081 HP P4015 Public Services & Engineering 101 B Avenue 67467 n/a LW75103189 Kyocera P6026cdn Public Services & Engineering 101 B Avenue 443 8590 LW75103191 Kyocera P6026cdn City Hall 1825 Strand Way 72880 34950 V5T6703342 Kyocera P6035 Recreation & Golf Services 1845 Strand Way 6941 10085 WD83403903 Kyocera PA4500x Recreation & Golf Services 1019 7th Street 1770 n/a WD83203722 Kyocera PA4500x Recreation & Golf Services 1845 Strand Way 276 n/a Inventory Exhibit I - Inventory of Printers and Copiers WD82X01139 Kyocera PA4500x Library Services 640 Orange Avenue 58 n/a WD82X01013 Kyocera PA4500x Library Services 640 Orange Avenue 186 n/a WD82X00662 Kyocera PA4500x Police Services 700 Orange Avenue 694 n/a WD83909268 Kyocera PA4500x City Hall 1825 Strand Way 29 n/a WD83908756 Kyocera PA4500x Library Services 640 Orange Avenue 236 n/a Inventory 23 ATTACHMENT B
FEE SCHEDULE/GENERAL INFORMATION
In compliance with the REQUEST FOR PROPOSALS, the CONTRACTOR hereby agrees to furnish all labor, materials, equipment and supervision to perform the proposed services that are described in the below listed enclosures; and to do so in strict accordance with the provisions of this AGREEMENT.
PRICE QUOTES
II. BASE BID: Includes those items upon which the contract award will be determined.
BASE PROPOSAL
EQUIPMENT PROPOSED PURCHASE
PRICE
SERVICE PRICE
MODEL ACC TYPE DESCRIPTION B/W CPC COLOR CPC
TASKalfa 8353ci Model 83/70 PPM A3 Color MFP $10,587.60 $ 0.0035 $ 0.0212 DF-7110 Accessory 4,000 Sheet Finisher $1,230.30
BF-730 Accessory Booklet and Tri Folding Unit $738.00
PF-730 -B- Accessory Side Dual 500 Sheet Paper Trays $633.60 PF-7130 Accessory 500 Sheet Side Multi-Media Tray $413.10 Keyboard Holder 10 Accessory Keyboard Tray Kit $104.40
PH-7A Accessory 2/3 Hole Punch Unit $331.20
NK-7130 Accessory Numeric Keypad $102.60
Fax System 12 Accessory Fax Board $537.30
TASKalfa 6054ci Model 60 ppm A3 Color MFP $5,455.80 $ 0.0047 $ 0.0227 TASKalfa 5054ci Model 50 ppm A3 Color MFP $4,319.10 $ 0.0061 $ 0.0241 TASKalfa 3554ci Model 35 ppm A3 Color MFP $3,013.20 $ 0.0070 $ 0.0317 DP-7160 Accessory 320 Sheet DSDP $976.50
PF-7150 Accessory Dual 1,500 Sheet Paper Trays - Letter$680.40 DF-7100 Accessory 500 Sheet Internal Finisher $688.50
PH-7100 Accessory Punch Unit for DF-7100 $331.20
Fax System 12 Accessory Fax Board $537.30
NK-7130 Accessory Numeric Keypad $102.60
Keyboard Holder
10 Accessory Keyboard Tray Kit $104.40
DT-730 -B- Accessory Original Hard Copy Holder $38.70
Stand Accessory Copier Cabinet Stand $186.30
ECOSYS MA3500cix Model Kyocera MA3500cix 37 ppm $1,896.00 $ 0.0183 $ 0.0604 PF-5150 Accessory PF-5150 500 Sheet Paper Feeder $252.00 ECOSYS PA3500cx Model Kyocera PA3500cx $799.00 $ 0.0183 $ 0.0604 ECOSYS MA4500ix Model Kyocera MA4500ix 47ppm $1,789.00 $ 0.0092 n/a 24 III. LABOR PRICING: Please provide per hour labor pricing for the following activities:
ACTIVITY PER HOUR COST
Labor, Hourly Rate During Regular Working Hours $
Labor, Hourly Rate After Regular Working Hours $
PF-5150 Accessory PF-5150 500 Sheet Paper Feeder $252.00 ECOSYS PA4500X Model Kyocera PA4500x 47ppm A4 $677.00 $ 0.0092 n/a Legacy HP Printers $ 0.02 $ 0.012
Base
Overhead (%)
Profit Margin
Total
Included
Included
25 ATTACHMENT C
NON-COLLUSION DECLARATION
Advanced Imaging Strategies, Inc.
CONTRACT NO. 24-PS-AS-831
State of California )
) ss.
County of __________________)
I, ______________________________________________, the undersigned, declare:
(Name of Bidder )
I am the _______________________________________ of
(Title)
___________________________________________, the party making the foregoing bid. (Name of Bidder)
I further declare that in compliance with Public Contract Code section 7106: the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; the bid is genuine and not collusive or sham; the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; all statements contained in the bid are true; and the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.
I hereby represent and warrant that I have full power to execute, and do execute, this declaration on behalf of the bidder.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct and that this declaration was executed at _____________, California on this ___________ day of _____________________, 20____. ________________________________________________ Signature of Bidder Subscribed and sworn to before me on the ___________ day of _____________________, 20____. (NOTARY SEAL) ________________________________________________ Signature of Notary