25-PD-037 MONOCULAR NIGHT VISION DEVICE Documented Quote .pdf

Vision: We dream big and deliver

DOCUMENTED QUOTE SUBMITTAL FORM

25-PD-037 Monocular Night Vision Devices

SUBMITTAL INSTRUCTIONS:

� Complete this one-page form and attach Quote for equipment – Page 5 contains Description of Equipment � Submit this document and quote via BidNetDirect.com by the due date of:

Tuesday, April 15, 2025 @ 1:00 pm MT

Company Name: _______________________________________________________________________________________

Contact Names: Sales/Customer Service: ____________________________________________________________________

Address: _____________________________________________________________________________________________

Phone: (______) ____________________ Email(s): __________________________________________________________

The undersigned hereby affirms that:

• He/she is a duly authorized agent of the vendor;

• He/she acknowledges the attached Terms and Conditions and insurance requirements.

By:__________________________________ ______________________ Signature of Authorized Agent Date

Typed/Printed Name of Agent Title email

Preferred method of agreement subject to approval by the City of Arvada: Purchase Order or Contract: _____________________

Name and email of a person who will be witnessing if a contract is required, does not apply to purchase orders:

Typed/Printed Name of Agent email

PAYMENT TERMS: If the vendor does not accept a percentage discount, the City standard is net thirty (30) days after the date that the City receives an accurate invoice and has accepted the product or service. Payment is the date of the check mailing or date of the credit card transaction.

Discount: ____% ____ Days, Net: 30____Days, Accepts Visa? ________________

WORK REFERENCES (optional):

Name: ___________________________________________ Contact Person: ________________________

Telephone No: _____________________________________ Email: _______________________________

Name: ___________________________________________ Contact Person: ________________________

Telephone No: _____________________________________ Email: _______________________________

GENERAL TERMS AND CONDITIONS

1. NO MULTI-YEAR FISCAL OBLIGATION. Financial obligations of Arvada payable after the current fiscal year are contingent on funds for that purpose being appropriated, budgeted, and otherwise made available by the City Council for Arvada. Arvada’s obligations under the Agreement shall be from year to year only and shall not constitute a multiple-fiscal year direct or indirect debt or other financial obligation of Arvada within the meaning of Article X, Section 20 of the Colorado Constitution (TABOR).

2. TAXES. Arvada shall not be liable for the payment of any excise, sales, or use taxes. Arvada is exempt from federal excise taxes under I.R.C. Chapter 32 (26 U.S.C., Subtitle D, Ch. 32) and from State and local government sales and use taxes under §§39-26-704(1), et seq., C.R.S. (Colorado Sales Tax Exemption Identification Number 98-01789). Contractor shall not invoice Arvada for any state, federal or local taxes. Upon written notification by Arvada, Contractor shall reimburse Arvada in a timely manner for any taxes erroneously paid by Arvada.

3. NO INDEMNIFICATION BY ARVADA. Arvada is prohibited under Article XI, Section 1 of the Colorado Constitution from indemnifying anyone. Despite any provision in any contract document to the contrary, Arvada does not indemnify Contractor or anyone else under the Agreement.

4. INDEMNIFICATION OF ARVADA. Contractor shall indemnify, defend, and hold harmless Arvada, its employees, agents and assignees (the “Indemnified Parties”), against any and all costs, expenses, claims, damages, liabilities, court awards, and other amounts (including attorneys’ fees and related costs) arising from or related to any act or omission by Contractor, or its employees, agents, Subcontractors, or assignees in connection with the Agreement.

4.1. Confidential Information Indemnification. Disclosure or use of Arvada Confidential Information by Contractor may be cause for legal action by third parties against Contractor, Arvada, or their respective agents. Contractor shall indemnify, defend, and hold harmless the Indemnified Parties, against any and all claims, damages, liabilities, losses, costs, expenses (including attorneys’ fees and costs) incurred by Arvada in relation to any act or omission by Contractor, or its employees, agents, assigns, or subcontractors.

4.2. Intellectual Property Indemnification. Contractor shall indemnify, save, and hold harmless the Indemnified Parties, against any and all costs, expenses, claims, damages, liabilities, and other amounts (including attorneys’ fees and costs) incurred by the Indemnified Parties in relation to any claim that any Deliverable, Good or Service, software, or Work provided by Contractor under the Agreement (collectively, “IP Deliverables”), or the use thereof, infringes a patent, copyright, trademark, trade secret, or any other intellectual property right. Contractor’s obligations shall not extend to the combination of any IP Deliverables provided by Contractor with any other product, system, or method, unless the other product, system, or method is

(a) provided by Contractor or Contractor’s subsidiaries or affiliates; (b) specified by Contractor to work with the IP Deliverables; (c) reasonably required in order to use the IP Deliverables in its intended manner and the infringement could not have been avoided by substituting another reasonably available product, system, or method capable of performing the same function; or (d) is reasonably expected to be used in combination with the IP Deliverables.

5. GOVERNMENTAL IMMUNITY. Liability for claims for injuries to persons or property arising from the negligence of Arvada, its departments, boards, commissions, committees, bureaus, offices, employees and officials shall be governed by the provisions of the Colorado Governmental Immunity Act, §§24-10-101, et seq., C.R.S. (CGIA). No term or condition of the Agreement shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions contained in the CGIA.

6. OPEN RECORD REQUESTS. Arvada is obligated to comply with the Colorado Open Records Act (C.R.S. §§24-72-200.1 et seq.)(CORA), which may require Arvada to disclose all or a portion of communications relating to the Agreement, any transaction under the Agreement, and other related matters. Contractor has been advised to familiarize itself with CORA. Any confidentiality provisions in any contract documents are subject to the provisions of CORA.

7. PROTECTION OF PERSONAL IDENTIFYING INFORMATION. In the event the Agreement includes or requires Arvada to disclose to Contractor any Personal Identifying Information as defined in C.R.S. § 24-73-101, Contractor shall comply with the applicable requirements of C.R.S. §§ 24-73-101, et seq., relating to third-party service providers.

8. NO THIRD PARTY BENEFICIARIES. The Agreement does not and is not intended to confer any rights or remedies upon any person or entity other than Arvada and Contractor. Enforcement of the Agreement and all related rights and obligations are reserved solely to Arvada and Contractor. Any services or benefits which third parties receive as a result of the Agreement are incidental and do not create any rights for such third parties.

9. ASSIGNMENT. Contractor’s rights and obligations under the Agreement are personal and may not be transferred or assigned without the prior, written consent of Arvada. Any attempt at assignment or transfer without such consent shall be void. Any assignment or transfer of Contractor’s rights and obligations approved by Arvada shall be subject to the provisions of the Agreement. Any provision of an assignment that enlarges any duty, responsibility, or obligation of Arvada, or that limits, curtails, or diminishes any right or privilege of Arvada, without Arvada’s express written consent, shall be void.

10. BINDING EFFECT. This Agreement shall inure to the benefit of, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns.

11. SURVIVAL. Any provision of the Agreement that imposes an obligation on a party after the Agreement’s termination or expiration shall survive the termination or expiration and shall be enforceable by the other party.

12. SUBCONTRACTS. Contractor shall not subcontract any of its responsibilities without Arvada's prior written approval, which will not be unreasonably withheld.

Contractor shall submit to Arvada a copy of each such subcontract upon Arvada’s request. All subcontracts Contractor enters into in connection with the Agreement shall comply with all applicable federal, state, and local laws and regulations, shall provide that they are governed by the laws of the State of Colorado, and shall be subject to all provisions of the Agreement. Contractor agrees it is fully responsible for subcontractors performing services under the Agreement.

Contractor shall be Arvada's sole point of contact regarding the services, including with respect to payment.

13. INDEPENDENT CONTRACTOR. Contractor shall perform its duties under the Agreement as an independent contractor and not as an employee. Neither Contractor nor any agent or employee of Contractor shall be deemed to be an agent or employee of Arvada. Contractor shall not have authorization, express or implied, to bind Arvada to any agreement, liability, or understanding, except as expressly set forth herein. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through Arvada and Arvada shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to the Agreement. Contractor shall: (i) provide and keep in force workers’ compensation and unemployment compensation insurance in the amounts required by law; (ii) provide proof thereof when requested by Arvada; and (iii) be solely responsible for its acts and those of its employees and agents.

14. LICENSES, PERMITS, AND OTHER AUTHORIZATIONS. Contractor shall secure, prior to the effective date, and maintain at all times during the term of the Agreement, at its sole expense, all licenses, certifications, permits, and other authorizations required to perform its obligations under the Agreement, and shall ensure that all employees, agents and subcontractors secure and maintain at all times during the term of their employment, agency or subcontract, all license, certifications, permits and other authorizations required to perform their obligations in relation to the Agreement.

15. STANDARD AND MANNER OF PERFORMANCE. Contractor shall perform its obligations under the Agreement in accordance with the highest standards of care, skill, and diligence in Contractor’s industry, trade, or profession.

16. TIME OF THE ESSENCE. Contractor acknowledges and agrees that time is of the essence for this Agreement and that it is an essential term of this Agreement that Contractor maintain a rate of progress in the Services that will result in completion of the Services in accordance with this Agreement. To that end, Contractor agrees to proceed with all due diligence to complete the Services in a timely manner in accordance with this Agreement, and further agrees that failure to complete any of the Services during the Term of this Agreement, or as may be more specifically set forth in an attachment, exhibit, or modification, shall be deemed a breach.

17. WAIVER OF BREACH. A waiver by any party to the Agreement of a breach of any Agreement term shall not operate or be construed as a waiver of any subsequent breach by either party.

18. RIGHT TO TERMINATE. Arvada shall have the right to terminate, without cause, the Agreement. Any such termination shall not be considered a breach of the Agreement or any extension. In the event Arvada terminates for convenience, Arvada will pay Contractor for requested work performed up until the time of termination, not to exceed the total amount of the contract price agreed upon by Arvada and Contractor.

19. EXTERNAL TERMS AND CONDITIONS. Notwithstanding anything to the contrary, Arvada shall not be subject to any provision included in any terms, conditions, or agreements appearing on Contractor’s or a subcontractor’s website or any provision incorporated into any click-through or online agreements related to the Work unless that provision is specifically referenced in the Agreement.

20. PROHIBITED TERMS. Any term included in the Agreement that requires Arvada to indemnify or hold Contractor harmless; requires Arvada to agree to binding arbitration; limits Contractor’s liability for damages resulting from death, bodily injury, or damage to tangible property; or that conflicts with this provision in any way shall be void ab initio. Any term included in the Agreement that limits Contractor’s liability that is not void under this section shall apply only in excess of any insurance to be maintained under the Agreement, and no insurance policy shall be interpreted as being subject to any limitations of liability of the Agreement.

21. COMPLIANCE WITH ALL LAWS. Contractor shall comply with all applicable federal, Colorado and Arvada laws, rules, regulations, policies and procedures in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices.

22. BINDING ARBITRATION PROHIBITED. Arvada does not agree to binding arbitration by any extra-judicial body or person. Any provision to the contrary shall be null and void.

23. GOVERNING LAW AND VENUE. Colorado law, rules, and regulations shall be applied in the interpretation, execution, and enforcement of the Agreement. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. All suits or actions related to the Agreement shall be filed and proceedings held in the State of Colorado and exclusive venue shall be in Jefferson County.

24. OWNERSHIP OF WORK PRODUCT. The originals of all plans, reports, studies, data, or other materials or information relating to the Work that are produced by Contractor shall be delivered to and become the property of Arvada. Contractor may retain copies of any originals; however, no plans, reports, studies, data, or other materials or information relating to the Work shall be released to any person or entity without the prior written consent of Arvada. Nothing in this clause is intended to affect Contractor’s right to use generic know-how learned in the course of providing services under the Agreement for the future benefit of Arvada or others.

25. SOFTWARE PIRACY PROHIBITION. Arvada or other public funds payable under the Agreement shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of the Agreement and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If Arvada determines that Contractor is in violation of this provision, Arvada may exercise any remedy available at law or in equity or under the Agreement, including, without limitation, immediate termination of the Agreement and any remedy consistent with federal copyright laws or applicable licensing restrictions.

26. ACCESSIBILITY COMPLIANCE.

26.1 Arvada is obligated to comply with the Colorado Anti-Discrimination Act (C.R.S. §§24-34-300 et seq.)(“CADA”), which requires all digital and online platform and content providers to comply with the minimum Accessibility Standards for Individuals with a Disability, adopted by the Colorado Office of Information Technology (“OIT”) under C.R.S §24-85-103(2.5). Contractor has been advised to familiarize itself with CADA.

26.2 To the extent the Work or any of Contractor’s services provided under the Agreement involves digital, technological components, including but not limited to software, websites, applications, digital documents (the “Material”), all Material shall comply with the OIT’s currently adopted minimum Accessibility Standards for Individuals with a Disability at all times.

26.3 Contractor shall indemnify, save, and hold harmless Arvada, its employees, agents and assignees (the “Indemnified Parties”) against any and all costs, expenses, claims, damages, liabilities, court awards and other amounts (including attorneys’ fees and related costs) incurred by any of the Indemnified Parties in relationship to Contractor’s failure to comply with Section (26.2) above.

26.4 Upon Arvada’s request, Contractor shall certify to Arvada that its service(s) and digital documents are compliant with Section (26.2) above. Arvada may require Contractor’s compliance to the OIT’s currently adopted minimum standards of accessibility to be determined by a third party selected by Arvada to attest to Contractor’s compliance.

SPECIAL TERMS AND CONDITIONS

1. METHOD OF AWARD - IN THE BEST INTEREST OF THE CITY. Award of this contract will be based on either an item by item basis, a group basis, or an aggregate basis; whichever method is most beneficial to the City. The method of award shall be primarily determined on the basis of pricing and efficiency of delivery.

The City may award solicitations to a vendor(s) through the issuance of documents that include a Purchase Order, notice of award or a City contract. The General Terms and Conditions, the Special Conditions, any Technical Specifications, Insurance and Legal Requirements, the vendor's Offer, and the contractual documents are collectively an integral part of the contract between the City of Arvada and the successful vendor. Accordingly, these documents shall constitute a binding contract without further action by either party. Not with-standing the foregoing, the City reserves the right to require the execution of a formal written agreement, approved as to form by the Arvada City Attorney’s Office.

2. TERM OF CONTRACT. This contract shall commence on the date of the purchase order or contract execution and shall remain in effect until such time as the commodities, equipment and/or services acquired in conjunction with this Bid have been accepted by the City's authorized representative. Any required warranty period which exceeds this term shall remain in full force for the duration of the warranty period.

3. PRICING SHALL BE FIXED AND FIRM. The prices offered by the vendor shall remain fixed and firm for at least 90 ninety days. No changes in the Bid shall be allowed after the date and time of the Bid deadline due to error by the vendor. Although this Bid specifies a number of items to be purchased by the City, the City may, within ninety

(90) days after the terms and conditions of this contract have been fulfilled through the delivery and acceptance of the items, purchase additional quantities of the same model or brand of item from the successful vendor.

4. REJECTION OF OFFERS BY CITY.

A. The City may reject an offer, in whole or in part, for reasons including, but not be limited to:

1) The vendor misstates or conceals any material fact in its Proposal;

2) The vendor's Offer does not strictly conform to the law or requirements of the Solicitation;

3) The Offer expressly requires or implies a conditional award that conflicts with the method of award stipulated in the Special Conditions;

4) The Offer does not include documents which are required for submission with the Offer; or

5) The Offer has not been executed by the vendor through an authorized signature.

B. The City may, at its sole and absolute discretion:

1) Reject all or parts of Offers submitted by prospective vendors;

2) Re-advertise this Solicitation;

3) Postpone or cancel the Solicitation;

4) An Offer may not be accepted from, nor any contract be awarded to, any person or firm which

a) is in arrears to the City for any debt or Contract, or is a defaulter as surety for any obligation to the City.

b) has failed to perform faithfully any previous contract with the City, State or Federal governmental for a minimum period of one (1) year after this previous Contract was terminated for cause.

c) has pending litigation against the City on the date and time that the Solicitation is due.

5. CONTENTS OF OFFER. Vendors are required to submit offers with the following conditions:

1) Vendors shall make all investigations necessary to inform themselves of the facilities affected by the delivery of products and services required by the Solicitation.

2) Any official interpretation of the Solicitation may only be issued by an authorized agent of the City. The City shall not be responsible for other interpretations offered by employees not authorized.

3) The City shall issue Addenda if substantial changes are required which may impact the content and submission of Offers. A copy of such addenda will be publicly posted with the original RFQ posting.

4) The apparent silence or omissions within this Solicitation regarding a detailed description of the materials or services shall be interpreted to mean that only the best commercial practices are to prevail and that only materials and workmanship of first quality are to be provided.

6. CLARIFICATION AND MODIFICATIONS. The contract resulting from this solicitation will be subject to the Solicitation materials, City Ordinance, State and Federal Statutes. When conflicts occur, the highest authority shall prevail. Vendors are required to indicate any variances to the terms, conditions, requirements and specifications of this Solicitation, no matter how slight. If variations are not stated in the vendor's Offer, it shall be agreed that the vendor's Offer fully complies with all conditions identified in this Solicitation.

7. ELIGIBILITY OF VENDORS: MUST BE ENGAGED IN SUPPLYING PRODUCTS OR SERVICES RENDERED. Offers will only be considered from firms which have been engaged in the business of manufacturing or distributing the goods and/or performing services described in this Solicitation. Vendors must be able to produce evidence that they have an established satisfactory record of performance for at least two (2) years and have sufficient finances and structure to ensure that they can satisfactorily execute the Contract requirements, as determined by authorities of the City. The City reserves the right, before awarding the contract, to require a vendor to submit evidence of its qualifications including, but not limited to, financial, technical and other qualifications, as well as past performance with the City, for consideration in making the award in the best interest of the City.

8. DELIVERY. Quoted prices and deliveries are to be FOB Destination freight prepaid and shall require inside delivery unless otherwise specified in this Solicitation. Title and risk of loss shall pass to the City upon inspection and acceptance by the City at its designated point of delivery; unless otherwise specified in this solicitation.

9. ELECTRONIC PAYMENT METHODS (2) - CITY OF ARVADA P-CARD AND SINGLE USE ACCOUNT. Vendors are encouraged to consider the following methods of payment.

A. P-Card - The City utilizes (VISA) to transact smaller dollar payments for routinely purchased goods and services.

B. Single Use Account: The City incorporates the use of Single User Accounts as an option to seamlessly process payment of larger dollar purchase orders and contracts to vendors/contractors/providers. A secure, one-time payment transaction account processes to pay invoices via the vendor’s merchant bank. Invoice payments have an enhanced speed-of-pay cycle that can significantly benefit cash flow.

10. COOPERATIVE PURCHASING. The City of Arvada encourages and participates in cooperative purchasing endeavors undertaken by or on behalf of other governmental agencies including the Multiple Assembly of Procurement Officials and the Cooperative Educational Purchasing Council (CPEC).

We hereby request that any member of MAPO/CPEC be permitted to avail itself of this contract and purchase, as specified by the contract resulting from this RFQ, at the contract prices established therein. Each governmental entity would establish its own contract, issue its own orders, be invoiced directly, make its own payments and issue its own exemption certificates as required. It is understood and agreed that the City of Arvada is not a legally binding party to any contractual agreement made between another governmental entity and the successful vendor as a result of this solicitation. The City shall not be liable for any costs or damages incurred by any other entity.

11. PREPARATION AND SUBMISSION. Offers will be prepared as follow:

1) A blank shall be construed as "No Bid/not offered". Where there is a discrepancy between the unit price and the extension of prices, the unit price shall prevail.

2) Vendors will not knowingly participate in solicitations where there exists a conflict of interest with their firm and a member of City staff or their immediate family.

3) The only authorized version of this Bid is posted on WWW.BIDNETDIRECT.COM. Registration is available to receive email notification of new solicitations, addenda and communications.

INSURANCE REQUIREMENTS

The following listed insurance requirements shall be carried by the selected vendor for the entirety of the contract. Applicable requirements for this solicitation are identified by completed check boxes.

1. Commercial General Liability, written on an occurrence form, for limits not less than $1,000,000 for bodily injury and property damage for each occurrence and not less than $2,000,000 aggregate. Coverage shall include premises and operations liability, blanket contractual, broad form property damage, products and completed operations and personal injury endorsements.

2. Workers’ Compensation and Employers Liability as required by statute. Employers Liability coverage is to be carried for a minimum limit of $1,000,000 each accident/disease and $2,000,000 aggregate.

3. Automobile Liability for limits not less than $1,000,000 combined single limit for bodily injury and property damage for each occurrence.

Coverage shall include owned, non-owned and hired automobiles.

4. Umbrella Liability of $ , following form to the Commercial General Liability.

5. Builders Risk or Course of Construction Purchased by contractor to cover physical damage to property in construction or rehab. Contractors will ensure that City and subcontractors will be covered as additional insureds, excluding their own machinery, tools and equipment.

6. Professional Liability Professional Liability insurance in an amount of not less than One Million Dollars and No cents ($1,000,000.oo) per occurrence, covering the professional work contemplated under this proposal. The coverage shall have an extended reporting period of three (3) years following the date of substantial completion of the work for reporting of claims.

7. Pollution Legal Liability Insurance for limits not less than $1,000,000 per occurrence (or claims made) and not less than $1,000,000 aggregate for bodily Injury, personal Injury and property Damage.

8. Privacy/Network/Cyber Liability Insurance for limits not less than $1,000,000 for any firm providing product or services associated with IT, software, communication, or network.

Additional Insurance Requirements:

• Contractor will be required to, at its own expense, keep in full force and effect during the term of the Agreement, and during the term of any extension or amendment of the Agreement, insurance reasonably sufficient to insure against the liability assumed by Contractor pursuant to the provisions of the solicitation sent by the City of Arvada or as determined by the City of Arvada Risk Manager.

• Issuance of a Purchase Order/Contract is contingent upon the receipt of the insurance documents. Work shall not commence before this requirement is met. If the vendor fails to submit the required insurance documents within fifteen (15) calendar days after notice to submit such policies is given to the vendor by a City representative, the vendor may be in default of the Award.

• Except for Workers Compensation, Employer’s Liability insurance, Automobile Liability and Professional Liability insurance, the City of Arvada must be endorsed as an additional insured on a Certificate of Insurance.

• All coverage must be written with carriers holding a minimum A.M. Best rating of A-:VII, and authorized to do business in Colorado. Coverage shall be primary, and any insurance held by the City of Arvada is excess and non-contributory.

• The City, through its Risk Manager, reserves the right to require additional insurance coverage and other requirements.

City of Arvada

Vision: We dream big and deliver.

Mission: We are dedicated to delivering superior services to enhance the lives of everyone in our community.

Values:

Innovation – We excel in creativity, flexibility and the use of best practices while valuing diverse backgrounds, ideas and perspectives.

Passion – We are a high performing, inclusive team inspiring each other to pursue excellence.

Opportunity – We value our diversity, embrace possibilities, face challenges, persevere and take action to deliver quality results.

Quote # 25-PD-037

Quotes are requested for the following:

DESCRIPTION (Equal to):

9 (nine) each - Monocular Night Vision Devices - PVS-14 w/ L3 Harris Unfilmed White Phosphor Tube 2200+ FOM

Delivery address:

City of Arvada Central Stores 7800 W. 62nd Avenue Arvada, CO 80004

The City of Arvada is Tax Exempt Please quote FOB: Destination

ATTACH QUOTE WITH A BREAKDOWN OF ALL PRICING AND BROCHURE WITH ALL SPECIFICATIONS.

The City participates in Cooperative agreements. Please advise if quote is a cooperative.

Delivery Date on or before (after receipt of order): _____________________________________ The City prefers delivery within 30 days.

Warranty Information: _____Years/Months ___ All Parts and Labor ___

Proposed products:

TOTAL Price with Delivery:

9 (nine) each Monocular Night Vision Devises Unit Price __________________

Total: __________________

Total Amount in Words: _____________________________________________________

Company Name: __________________________________________________