333 W. Pontiac Way, Clovis, CA 93612 / (559) 600-7110
* The County of Fresno is an Equal Employment Opportunity Employer *
County of Fresno
INTERNAL SERVICES DEPARTMENT
Facilities • Fleet • Graphics • Purchasing • Security • Technology
PROCUREMENT AGREEMENT
Agreement Number P-22-074
February 25, 2022
LC Action Police Supply
1088 N First St
San Jose, CA 95112
The County of Fresno (County) hereby contracts with LC Action Police Supply (Contractor) to provide law enforcement equipment and supplies in accordance with the text of this agreement, and the Attachment “A”.
TERM: This Agreement shall become effective April 1, 2022 and shall remain in effect through March 31, 2025.
EXTENSION: This Agreement may be extended for two (2) additional one (1) year periods by the mutual written consent of all parties.
MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities.
CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment “A” attached, at the rates set forth in Attachment “A”.
ORDERS: Orders will be placed on an as-needed basis by various County Departments under this contract.
PRICES: Prices shall be firm for the contract period. Any pricing changes which may take place during the life of the contract must be submitted in writing to the County of Fresno Purchasing Manager and received no less than thirty (30) days prior to becoming effective.
MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of Nine Hundred Fifty-Seven Thousand Five Hundred Dollars ($957,500.00).
ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties.
DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement.
DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor.
PROCUREMENT AGREEMENT NUMBER: P-22-074 Page 2
LC Action Police Supply
February 25, 2022
G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-074 LC ACTION POLICE SUPPLY\CONTRACTS AND AMENDMENTS\P-22-074 AGREEMENT LC ACTION SUPPLY.DOCX
INVOICING: An itemized invoice shall be sent to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days.
INVOICE TERMS: Net forty-five (45) days from the receipt of invoice.
TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30) days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination.
LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement.
AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter (e.g., litigation or audit), whichever is later . Such records must be retained in the manner described above until all pending matters are closed.
LIABILITY: The Contractor agrees to:
Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement.
Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney’s fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement, and from any and all costs and expenses (including attorney’s fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under this Agreement.
INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement (JPA) throughout the term of the Agreement:
A. Commercial General Liability: Commercial General Liability Insurance with limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000.00). This policy shall be issued on a per occurrence basis. County may require specific coverage including completed operations, product liability, contractual liability, Explosion- Collapse- Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract.
B. Automobile Liability: Comprehensive Automobile Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per accident for bodily injury and for property damages. Coverage should include any auto used in connection with this Agreement.
C. Professional Liability: If Contractor employs licensed professional staff, (e.g., Ph.D., R.N., L.C.S.W., M.F.C.C.) in providing services, Professional Liability Insurance with limits of not less than One Million Dollars ($1,000,000.00) per occurrence, Three Million Dollars ($3,000,000.00) annual aggregate.
D. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code.
PROCUREMENT AGREEMENT NUMBER: P-22-074 Page 3
LC Action Police Supply
February 25, 2022
G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-074 LC ACTION POLICE SUPPLY\CONTRACTS AND AMENDMENTS\P-22-074 AGREEMENT LC ACTION SUPPLY.DOCX
Additional Requirements Relating to Insurance:
Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County.
Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker’s compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor’s waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement.
Within Thirty (30) days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Sheriff’s Department at [email protected], stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self - insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30) days advance, written notice given to County.
Certificates of Insurance are to include the contract number at the top of the first page.
In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event.
All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better.
COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence.
INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof.
Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such PROCUREMENT AGREEMENT NUMBER: P-22-074 Page 4
LC Action Police Supply
February 25, 2022
G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-074 LC ACTION POLICE SUPPLY\CONTRACTS AND AMENDMENTS\P-22-074 AGREEMENT LC ACTION SUPPLY.DOCX
matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement.
NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party.
AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties.
INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this Agreement (excluding Attachment "A"); (2) Attachment "A".
GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno.
ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section.
A. An “electronic signature” means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2) a faxed version of an original handwritten signature; or (3) an electronically scanned and transmitted (for example by PDF document) of a handwritten signature.
B. Each electronic signature affixed or attached to this Agreement (1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person.
C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1).
D. Each party using a digital signature represents that it has undertaken and satisf ied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1) through (5), and agrees that each other party may rely upon that representation.
This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature.
Please acknowledge your acceptance by returning all pages of this Agreement to my office via email.
Please refer any inquiries in this matter to Crystal Nino, Purchasing Technician, at 559-600-7113 or [email protected].
FOR THE COUNTY OF FRESNO
Gary E. Cornuelle
Purchasing Manager
333 W. Pontiac Way
Clovis, CA 93612
GEC:cn
PROCUREMENT AGREEMENT NUMBER: P-22-074 Page 5
LC Action Police Supply
February 25, 2022
G:\PUBLIC\CONTRACTS & EXTRACTS\2022 CONTRACTS\P-22-074 LC ACTION POLICE SUPPLY\CONTRACTS AND AMENDMENTS\P-22-074 AGREEMENT LC ACTION SUPPLY.DOCX
CONTRACTOR TO COMPLETE:
Company:
Type of Entity:
Individual Limited Liability Company
Sole Proprietorship Limited Liability Partnership
Corporation General Partnership
Address City State Zip
TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS
Print Name &
Title:
Print Name & Title:
Signature:
Signature:
ACCOUNTING USE ONLY
ORG No.: 31112413, 28620400, 34300600
Account No.: 7385
Requisition No.: 3111227281, 8602200167, 3430220212
(09/2021)
Item Description Quantity Part
Number
Alternative
Manufacturer
Alternative Part
Number
Extension
Pricing
AEROSOL
1. MK-3 OC Pepper Spray 1.47 oz 325 5039 11.81$
2. MK-6 OC Pepper Spray .68 oz 75 5069 13.68$
3. MK-9 5.5%
Pepper Mace Fogger, 13.4 oz 90 9005 50.40$
4. Deftec Mk9 Fogger .7 OC HV
13.4oz # 1012555
90 Defense
Technology 1012555 51.95$
5. Sabre Cell Buster Mk9
960050-W hose and wand
15oz Fogger
50 Sabre 960050-W 130.50$
6. Deftec # 3035 MK-3 1.6oz oc
spray CONE
300 Defense
Technology 3035 13.45$
7. MK-3 OC Pepper Gel 100 56531 15.25$
DUTY GEAR
8. Belt, Duty, Black w/Velcro SM- Large
2 ¼”
480 5021U 45.06$
9. Belt, Duty, Black w/Velcro XL-2XL 2
¼”
100 5021U 52.50$
10. Belt, Duty, Nylon, Black w/Velcro 100 7200 35.54$
11. Belt, 2 1/4" Basket Weave Leather
Velcro System Duty Belt
- Size: 3XL-4XL
100 5021 54.03$
12. Belt,1 1/2" Basket Weave Leather
Velcro System Belt SM-Large
329 5121U 21.56$
13. Belt,1 1/2" Basket Weave Leather
Velcro System Belt XL 3XL
85 5121U 25.87$
14. Nylon Belt Keeper 230 7406 9.33$
15. Handcuff Pouch, Double 1 Snap 60 7300 19.27$
16. Cuff Case, Double, Cordura Nylon 85 8857-1 14.62$
17. Handcuff Case 100 8857-1 14.62$
18. Tactical Handcuff Key – Long 100 ZT 14 5.95$
19. Mace Holder, Open-top, MK-4 85 TP13-M-YK 20.31$
20. Mace Case MK VI 60 B149 Triplek 271 20.47$
21. Mace Holder, Velcro, Black Basket
Weave
180 3621V 18.68$
22. OC Holder MK-3 100 3621V 18.68$
23. PTA-TP Combo Exp/Btn/Flashlt
1000D Blk
60 TP14A-M-
YK
22.23$
24. PTA-TP Dual Handcuff 1000D Blk 60 TP17A-M-
YK
22.23$
25. PTA-TP-UVSL
Radio 1000D Blk
60 TP21-M-YK 29.41$
26. PTA-TP SGL 37/40MM LL
1000D Blk
60 TP12-M-YK 20.58$
27. PTA-TP-8X8
Utility 1000D Blk
60 TP-19-M-YK 29.41$
28. Key Strap, Black BW w/Black Snap 134 B122W 10.38$
29. Flashlight Holder D Cell BW Hidden
Snap
50 3021H 7.93$
30. Mini Maglite BW Flashlight Holder 40 327 9.95$
31. Radio Holder - AccuMold Elite
Basket Weave
100 7914S 41.56$
32. Double Mag Pouch 85 8836-1 17.35$
33. Cuff Case Single-Rounded B/W,
Velcro
Closure
180 8121V 20.00$
34. Key Flat, Blk, B/W Brass 134 A560-BW 18.75$
35. Flashlight Holder 2” BLK, B/W 150 7926 12.66$
HOLSTERS
36. Safariland QLS 19 Quick Locking
Fork
85 6004-19-2 10.65$
37. Safariland QLS 22 Quick Receiver
Plates
75 6004-22-2 13.75$
Uncle Mike’s
Dutyman
Aker
Bianchi
Safariland
Safariland
Bianchi
Dutyman
Dutyman
Protech
Protech
Protech
Protech
Protech
Gould & Goodrich
Dutyman
Triplek
Gould & Goodrich
Dutyman
Bianchi
Dutyman
Dutyman
Dutyman
Bianchi
Bianchi
Uncle Mike's
Uncle Mike’s
Zak
Protech
Dutyman
Manufacturer
Defense Technology
Defense Technology
Defense Technology
First Defense 1.3%
PROCUREMENT AGREEMENT P-22-074
LC Action Police Supply
Attachment "A"
Item Description Quantity Part
Number
Alternative
Manufacturer
Alternative Part
Number
Extension
Pricing Manufacturer
38. Safariland SLIMLINE Triple
magazine pouch B/W
242 777-383-
48PBL
30.93$
39. Holster, Tactical Leg, w/ M3 Light,
Right 30 6004-2832-
121 146.78$
40. Safariland RHBW ALS Holster +
LIGHT M+P 45 100 6360-4192-
481 113.65$
41. Quick Locking System Kit QLS19
&22 30 QUICK-KIT3 27.10$
42. Injection Molded Belt Loop 30 567BL 11.95$
RESTRAINTS
43. Sit Belt XL SB- 100 100 RISB-100 16.25$
44. Hobble H-100 385 RIH-100 16.25$
45. Bite Mask 50 RIPM-100 10.00$
46. Handcuffs, Link 250 700N 23.56$
47. Leg Irons, Nickel 65 703N 40.31$
48. Flex Cuffs, double, white, 100pk 10 SF8220-3-
10B 198.88$
49. Handcuffs, Hinged 250 801 33.18$
MISCELLANEOU S
50. Earphone, Lapel Microphone,
compatible w/ Kenwood TK3202
radios
35 EP1301 46.11$
51. Laerdal Pocket CPR MASK w/1
way valve filter gloves wipe
180 82001133 21.95$
52. Friction Lock Baton, Detective Series
26" 60 2526 103.00$
53. Autolock Baton, 26” 120 9121 or
9146
134.37$
54. Baton Holder 26”
360 Degree, Black Basket Weave 180 3627 27.81$
55. CPR Microshield, Orange Pouch 30 70-150 13.95$
56. Flashlight 60 8NX000 SureFire G2X 62.12$
57. Flashlight, Mini Maglite, Black 60 M2A016 18.95$
58. Flashlight Stinger DS LED HL 100 75458 160.26$
59. Flashlight Holder 100 7926 12.66$
60. Spit Sock Hood 50 ZZ18 5 pack 8330-0-2C 39.03$
61. QuikClot Combat Gauze LE Z-Fold 350 North American
Rescue
30-0039 40.87$
62. Friction Lock Baton
Detective Series 21”
60 2521 81.75$
TEST KITS
63. Test U, Methamphetamine and
amphetamine (Box of 10 tests)
59 6087 24.66$
64. Test E, Marijuana (Box of 10 tests) 30 6075 24.66$
SERT SUPPLIES
65. #25 Distraction Device 4gram reload
Training (24/case)
25 7290T 48.45$
66. Exact Impact Rounds, Sponge
Round 25 4557 22.99$
SWAT SUPPLIES
67. 12-Gram Low Roll™ Non-
Reloadable Distraction Device® 100
Model
8902NR CTS 7290 45.75$
68. 11-Gram Low Roll II™ Non-
Reloadable Distraction Device® 100 Model 8922 CTS 7290 45.75$
69. eXact iMpact™ 40 mm Sponge
Round
100 Model 6325 CTS 4557 22.99$
70. eXact iMpact™ LE 40 mm Extended
Range Sponge Round
100 Model
6325LE
CTS 4557HV 23.75$
71. Ferret® 40 mm Liquid Barricade
Round, CS
100 Model 1262 CTS 4330 26.00$
72. Spede-Heat™ Continuous Discharge
Chemical Grenade, CS
100 Model 1072 CTS 5230 32.31$
Defense Technology
Defense Technology
Defense Technology
NIK
NIK
CTS
CTS
Defense Technology
Defense Technology
Defense Technology
Monadnock
Monadnock
Monadnock
Monadnock
MDI
SureFire
Maglite
Streamlight
Bianchi
NIK
0%
Laerdal
Safariland
RIPP
RIPP
RIPP
Peerless
Peerless
Safariland
Peerless
Earphone Connection
Safariland
Safariland
Safariland
Safariland
PROCUREMENT AGREEMENT P-22-074
LC Action Police Supply
Attachment "A"
Item Description Quantity Part
Number
Alternative
Manufacturer
Alternative Part
Number
Extension
Pricing Manufacturer
73. Pocket Tactical Grenade, CS 100 Model 1016 CTS 8230 24.43$
74. Riot Control Continuous Discharge
Grenade, CS
100 Model 1082 CTS 6230 30.25$
75. Military-Style Green Smoke Grenade 100 Model 1065 CTS 6210G 43.55$
76. Military-Style Red Smoke Grenade 100 Model 1067 CTS 6210R 43.55$
77. Military-Style Blue Smoke Grenade 100 Model 1064 CTS 6210B 43.55$ Defense Technology Defense Technology
Defense Technology
Defense Technology
Defense Technology
PROCUREMENT AGREEMENT P-22-074
LC Action Police Supply
Attachment "A"