ITB - AP-25-655-Explosive Detection Screening Equipment.pdf

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 1

City of

Long Beach Invitation To Bid ITB - AP-25-655

Explosive Detection Screening Equipment

Explosive Detection Screening Equipment| ITB - AP-25- 655| Template v2025.02.12 | 1

Overview

Summary The City of Long Beach, as operator of the Long Beach Airport (LGB), invites qualified vendors to submit bids for the procurement of handheld explosive trace detection screening devices to enhance airport security.

Key Dates Release Date: November 11, 2025

Questions Due to the City: 11:00 AM (PST), November 25, 2025

Bids Due: 11:00 AM (PST), December 18, 2025

The City reserves the right to modify these dates at any time, with appropriate notice to prospective Bidders.

How to Bid Instructions for what to include in your bid and how to submit it are detailed in Section 2.

Bids must be submitted electronically via https://longbeachbuys.buyspeed.com/bso/

Official Contact Elisa Landeros purchasingbids@longbeach.gov All communication with the City related to this ITB must be directed to the contact listed above.

https://longbeachbuys.buyspeed.com/bso/ mailto:purchasingbids@longbeach.gov

Explosive Detection Screening Equipment| ITB - AP-25- 655| Template v2025.02.12 | 2

Contents

1 The Opportunity

1.1 Overview & Goals

1.2 Award Terms

1.3 Contract Management

2 Bid Instructions & Content

2.1 Bid Timelines & Instructions

2.2 Bid Content

Attachment A: Bid Authorization

Attachment B: References

3 Terms & Conditions

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 3

1 The Opportunity

1.1 Overview & Goals

The City of Long Beach, as the operator of the Long Beach Airport is seeking qualified vendors to submit bids for the procurement of two (2) handheld explosive trace detection equipment to enhance worker screening processes in compliance with U.S. Department of Homeland Security, Transportation Security Administration (TSA) requirements.

In April 2023, TSA issued a National Amendment , which required airport operators to conduct screening of aviation workers to mitigate insider threats. As part of this mandate, airports must implement explosive detection screening equipment no later than April 2026.

Accordingly, the City is soliciting bids from responsible bidders for equipment that meets all TSA regulatory and industry standards.

Delivery Location and Terms: Standard delivery terms may include:

All deliveries must be coordinated in advance, with a minimum of 24 hours notice prior to delivery.

Delivery locations and City contacts will be specified in each purchase order.

Warranty Requirements: Standard warranty terms may include:

Contractor shall warrant/guarantee all parts and work done against failure due to defective material and/or faulty workmanship from date of acceptance of the work by the City of Long Beach for a minimum of one year.

Minimum Equipment Requirements:

Handheld Explosive Trace Detection Devices (2 units)

Devices must be portable and suitable for field use in airport environments.

Capable of detecting and identifying a wide range of explosive materials, including homemade, commercial, and military-grade compounds.

Must utilize a non-radioactive detection source to ensure safety and regulatory compliance.

Equipped with replaceable batteries offering a minimum runtime of two (2) hours per charge.

Batteries must be hot-swappable to ensure uninterrupted operation during use.

Must provide both visual and audible alarms upon detection of explosive substances.

Devices must have automatic calibration to ensure ongoing accuracy and optimal performance without requiring manual adjustments.

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 4

Spare Batteries (for each device)

Spare batteries for each device to ensure continuous operation.

Batteries should be replaceable and hot-swappable, offering a minimum runtime of two (2) hours per battery.

Battery Charger (for each device)

Consumables and Start-Up Kits (1 year )

Provide all components and supplies necessary to operate the devices and conduct combined total of approximately 3500 screenings annually.

Year 1 Warranty Parts & Labor

Year 2 Warranty Parts & Labor (Optional)

Optional warranty will not be used for cost evaluation purposes in determining the lowest bidder.

Freight and Delivery

Programming & Setup

Providing programming and setup service to ensure the devices are properly configured and fully operational, as required.

This includes installation, system configuration, and initial testing to verify that the devices meet operational and regulatory requirements, as applicable.

Preventive Maintenance (Optional)

Provide preventive maintenance services for the devices to ensure they remain in optimal working condition throughout the contract period.

This includes regular inspections, performance checks, and minor repairs.

Optional preventative maintenance will not be used for cost evaluation purposes in determining the lowest bidder.

In-Person Training

Provide onsite training at the airport location for up to three (3) employees who will be responsible for training the remaining staff.

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 5

1.2 Award Terms

This contract will be for a period of one year with the option to renew for one additional one-year period. The total contract term will not exceed two years.

1.3 Contract Management

The City of Long Beach issues payment based upon services rendered. After a contract is finalized and work is performed, the Awarded Contractor shall invoice the City. The City will remit payment within 30 calendar days of being billed.

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 6

2 Bid Instructions & Content

2.1 Bid Timelines & Instructions

MILESTONE

TIME

(PACIFIC) &

DATE LOCATION / ADDITIONAL INFORMATION

Release date November

11, 205 It is recommended that bidders visit the City’s bidding portal on a regular basis for any addenda:

https://longbeachbuys.buyspeed.com/bso/

Questions due to the City

11:00 AM

(PST),

November 25, 2025

Submit all inquiries via email to purchasingbids@longbeach.gov. Include the bid number and official contact name in the subject line of the email message.

Approved Equals due to the City

If you desire to bid an “approved equal” item, submit a request to do via email to purchasingbids@longbeach.gov. Include all data necessary to substantiate that the item is equal. The City will notify you in writing of approval or disapproved of the equivalent item no later than 11:00 AM (PST), November 25, 2025.

“Approved equal” is defined as any material or process equal in every respect to that so indicated or specified.

Posting of the Q&A December 4, 2025

Responses to the questions will be posted on https://longbeachbuys.buyspeed.com/bso/

Bids due 11:00 AM

(PST)

December 18, 2025

Bids should be submitted electronically via the https://longbeachbuys.buyspeed.com/bso/

All required sections of the bid must be submitted via this portal.

Bids are sealed and cannot be viewed by the City until the closing date and time. If you need to withdraw your bid, you may do so any time before the bid deadline, by going back into the system and selecting “withdraw”.

Late bids, or bids submitted through other channels will not be accepted.

https://longbeachbuys.buyspeed.com/bso/ mailto:purchasingbids@longbeach.gov mailto:purchasingbids@longbeach.gov

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 7

Bidders are responsible for submitting their Bids completely and on time.

o Bidders will receive an e-bid confirmation number with a time stamp from LongBeachBuys.com indicating that the bid was submitted successfully. The City will only receive bids that were transmitted successfully.

o For technical support, email or cal the City during normal business hours at LBPurchasing@longbeach.gov or (562) 570-6200

Bid Opening & Contractor Selection

December

Bids are awarded to the lowest responsible and responsive bidder meeting the City’s specifications.

Bids results are opened and posted publicly on the City’s online system as soon as they have been reviewed for responsiveness.

Bid results will not be given out via telephone, email, or facsimile.

Contract Execution TBD (estimated)

Upon award, the Awarded Contractor must submit originals with wet signatures of all attachments listed in Section 2.2. Documents must be mailed to:

CITY OF LONG BEACH

CITY CLERK – ATTN: Elisa Landeros

411 W OCEAN BLVD/LOBBY LEVEL

LONG BEACH CA 90802

A contract is not in effect until the City Manager or Designee makes an award and contract documents (including insurance and bonds) are signed, submitted and approved.

2.2 Bid Content

Complete bids will include the following. We encourage you to use this table as a checklist to ensure all components are included in your bid.

mailto:LBPurchasing@longbeach.gov

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 8

DOCUMENT CHECKLIST

☐ Bid: Pricing shall be submitted electronically on the Line Items tab of Long

Beach Buys.

If bids on certain items are labeled “optional”, indicate “no bid”.

Mandatory Attachments: The following are posted with the bid documents on LongBeachBuys. They should be completed and uploaded as Attachments to your bid. All signatures should be by the individual legally authorized to bind the Bidder.

Upon award, the Awarded Contractor must submit originals of each of the following with wet signatures.

☐ A. Supplemental Bid Information & Authorization and Acknowledgment form (if out-of-state bidders, notarized)

☐ B. References ☐ C. Debarment ☐ D. Equal Benefits Ordinance (EBO) Form ☐ E. Local Preference

Attachments Which May Be Submitted Upon Award: Upon award, Awarded Contractors will be required to submit the following. We encourage you to take note of these requirements, and where possible include available information as part of your bid to expedite processing.

☐ W-9 ☐ Business License ☐ Proof of Registration with the California Secretary of State ☐ Certificate of Insurance

LongBeachBuys Contact Information: The City of Long Beach is committed to providing maximum opportunities for Disadvantaged, Minority, Women and Long Beach Business Enterprises (DBEs, MBEs, WBEs and Local) to compete successfully in supplying our needs for products and services. Ensure your organization’s LongBeachBuys profile is up to date, including an email address, phone number, and with any socioeconomic classifications you may qualify for.

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 9

Attachment A: Bid Authorization

SIGNATURE PAGE

Company Name Company Address Website

Organization

Federal Tax ID #

i. I am authorized by the bidder to submit this Invitation to Bid. NOTE: FAILURE TO COMPLY MAY RESULT IN

DISQUALIFICATION OF YOUR BID. ALL SIGNATURES MUST BE NOTARIZED IF THE ENTITY IS LOCATED OUTSIDE THE STATE OF CALIFORNIA (see acknowledgment page).

a. INDIVIDUAL (Doing Business As): The only acceptable signature is the owner of the company. (Only one signature is required.)

b. PARTNERSHIP: The only acceptable signature(s) is/are that of the general partner or partners.

c. CORPORATION: Two (2) officers of the corporation must sign; OR the signature of one officer or the signature a of person other than an officer is acceptable if the Bid is accompanied by a certified corporate resolution granting express authority to said person to execute contracts on behalf of the corporation.

d. LIMITED LIABILITY COMPANY: The signature on the bid must be a member or, if the Articles provide for a manager, must be the manager. (Only one signature is required.)

ii. Under penalty of perjury that this bid is genuine and not a sham or collusive, or made in the interest or on behalf of any person or entity not herein named; that the Bidder has not directly or indirectly induced or solicited any other Bidder to submit a sham bid, or any other person or entity to refrain from bidding, and that the Bidder has not in any manner sought by collusion to secure to himself any advantage over other Bidders.

iii. No City employee whose position in the City enables him/her to influence the award of the Contract or any competing Contract, and no spouse or economic dependent of such employee is or shall be employed in any capacity by the Bidder herein, or does or shall have any direct or indirect financial interest in a potential resulting Contract.

iv. Inter-Agency Participation If other agencies express an interest in participating in this bid, would you supply the same items?

Yes No (If yes, any agency electing to participate in this Bid will order its own requirements without regard to the City of Long Beach. The City of Long Beach assumes no liability or payment guarantee on any units sold to participating agencies.)

v. I have read and agree to the City of Long Beach Vendor Code of Conduct.

Authorized Representative Signature Date Title Email Address Phone #

Authorized Representative Signature Date Title Email Address Phone #

CITY OF LONG BEACH AUTHORIZATION

IN WITNESS WHEREOF the City of Long Beach has caused this contract to be executed as required by law as of the date stated below.

Director of Financial Management Signature Date

CITY OF LONG BEACH APPROVAL AS TO FORM

Deputy City Attorney Signature Date https://www.longbeach.gov/globalassets/city-manager/media-library/documents/ethics-commission/resources/vendor-code-of-conduct-2023

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 10

ACKNOWLEDGMENT

A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.

State of California County of _________________________________)

On __________________________ before me, ____________________________________ (insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature _________________________ (Seal)

OPTIONAL

Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER

TITLE OR TYPE OF DOCUMENT

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT NUMBER OF PAGES

TRUSTEE(S)

GUARDIAN/CONSERVATOR

OTHER:

DATE OF DOCUMENT

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 11

Attachment B: References

REFERENCES

Company Project Manager Phone Number Project Description

Reference 1

Project Start and End Dates Company Project Manager Phone Number Project Description

Reference 2

Project Start and End Dates Company Project Manager Phone Number Project Description

Reference 3

Project Start and End Dates Company Project Manager Phone Number Project Description

Reference 4

Project Start and End Dates Company Project Manager Phone Number Project Description

Reference 5

Project Start and End Dates

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 12

3 Terms & Conditions Solicitation Terms & Conditions

1. COMPLETE CONTRACT: This Invitation to Bid or any attachments thereto shall become the Contract upon its acceptance by the City Manager or designee on behalf of the City of Long Beach. Contractor will be provided with a copy of the executed Contract. All materials or services provided by the Contractor shall comply with the City Charter, and all applicable Federal, State and City Laws.

2. SERVICES TO BE PROVIDED BY THE CONTRACTOR: Contractor shall upon acceptance of this bid by the City, furnish the goods and services herein specified according to the terms and conditions set forth herein.

3. PRICES: Prices shall be in accordance with those extended to other governmental agencies. In case of error in extension of prices, unit price will govern. All prices must be firm for the Contract term unless the City specifically provides for adjustment.

Bidder shall quote his lowest price and best delivery date as no changes are permitted after the bid opening. Bidder may submit alternate prices or name a lump sum or discount conditional on two or more items being awarded to him. Cash discounts offered for payment within fourteen (14) days or less will not be considered when evaluating bids.

4. ADDITIONAL CHARGES: Prices quoted shall include all shipping, handling, unloading, pick-up, inside delivery charges to the location designated at time of order, which shall be within the City of Long Beach. Bidder shall not charge any fees or charges for restocking or service fees for incorrect items, defective items, minimum orders, deliveries, pick-ups, disposals, environmental fees, fuel surcharges, etc.

5. LOCAL PREFERENCE: In order to help support the success of businesses in Long Beach, the City of Long Beach has a local preference provision.

In bids for materials, equipment, supplies and nonprofessional services, Long Beach-based businesses meeting the criteria set forth below may have their bid price reduced by ten percent solely for the purpose of determining the lowest responsible bid (if selected as the winning bid, you would be paid based upon your actual bid price, not the reduced price).

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 13

The maximum preference a bidder may be awarded pursuant to this Section and any other provision of law shall be ten percent (10%). However, in no case shall the maximum preference cost under this Section exceed fifty thousand dollars ($50,000.00) for any bid.

Local preference may be applicable to this Invitation to Bid. The local preference does not apply to bids for all purchases funded in full or a fraction thereof by any tidelands fund, by any grant funds, nor by any funds received from the State of California. This section shall not apply to purchases made pursuant to Section 1801 and 1807 of the City Charter and to bids for public works, as that term is defined in Section 1720(a) of the California Labor Code.

To qualify for the local preference, eligible bidders must attach copies of the following documents to their bid package:

1. A current, valid business license from the City of Long Beach showing a place of business within the city limits; and

2. A current, valid seller’s permit (also known as a sales tax permit) showing a place of business within the city limits.

6. MINIMUM ORDERS: No “minimum orders” will be permitted. Bids indicating a minimum order will be rejected.

7. BRAND NAMES AND SPECIFICATIONS: The detailed specifications and/or brand names stated are descriptive only and indicate quality, design and construction of items required. Whenever in the specifications any material or process is indicated or specified by patent or proprietary name and/or by name of manufacturer, such specifications shall be used for the purpose of facilitating descriptions of the material and/or process desired and shall be deemed to be followed by the words "or equivalent.”. The contractor may offer any material or process which shall be equal in every respect to that so indicated or specified, provided however, that if the material, process or article offered by the contractor is not, in the opinion of the City of Long Beach, equal in every respect to that specified, then the contractor must furnish the material, process or article specified or one that in the opinion of the City of Long Beach is the equal thereof in every respect. Offers will be considered to supply articles substantially the same as those described herein but with minor variations. Bidders must describe variations in the bid. Substitute items must be equal in quality, utility and performance. The phrase “or approved equal” throughout

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 14 the specifications means that the City in its sole and absolute discretion shall make the final determination whether or not the substitute items are equal.

8. SAFETY APPROVAL: Where required by City Regulations, any items delivered must carry Underwriters Laboratories Approval or City of Long Beach City Safety Officer approval. Failure to so comply will be cause to reject bid. Also, any equipment must conform with the Safety Orders of the California Division of Industrial Safety and OSHA regulations.

9. SAMPLES: Samples of items when requested or required must be furnished to the City free of expense to the City and, if not destroyed by tests, will upon request be returned at Bidder’s expense.

10.EXAMINATION OF BID: Bidder is responsible for examining the Invitation to Bid and submitting its bid complete and in conformance with these instructions.

11.DISCREPANCIES IN BID DOCUMENTS: If Bidder finds discrepancies in or omissions from the Invitation to Bid, if the intent of the Invitation is not clear, or if provisions of the Specifications restrict Bidder from bidding, he may request in writing that the deficiency(s) be modified. Such request should be submitted electronically via LongBeachBuys.com at least five (5) working days before the bid opening date.

Bidders will be notified by Addendum of any approved changes in the Invitation to Bid.

12.ORAL STATEMENTS: The City of Long Beach shall not be bound by oral statements made by any employee or agent concerning this Invitation to Bid. If Bidder requires specific information, Bidder must request it in writing and obtain a reply in writing from the City.

13.PREPARATION OF BID: The preparation of the bid, shall be at the expense of Bidder.

Bidder shall state brand name or make of each item bid. If not bidding on item as described, the manufacturer’s name and catalog number of the substitute must be given. Bidder shall also attach specifications and furnish other data to establish the suitability of the substitute. Bidder shall quote separately on each item.

14.DOCUMENTS REQUIRED TO COMPLETE TRANSACTION: Contractor shall submit samples of all documents that Contractor may require the City to execute to complete this transaction. By accepting these samples as part of the bid or by awarding the Contract to a Contractor who has submitted said samples, the City does not agree to the terms stated in said samples. This Invitation to Bid and Contractor’s file:///C:/Users/reg095/Dropbox%20(HKS%20Gov%20Lab)/Procurement%20and%20Economic%20Mobility%20(PEM)/What%20Works%20Cities/City%20Materials/Long%20Beach/4.%20Deliverables/1.%20Efficiency%20&%20Operations/5.%20Forms/ITB%20Template/LongBeachBuys.com

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 15 bid shall take priority over said samples and this Invitation and Contractor’s bid shall become the Contract between the City and the Contractor.

15.PUBLIC RECORDS: Bid will become public record upon award unless the bid or specific parts of the bid can be shown to be exempt by law. Each Bidder may clearly label all or part of a bid as "CONFIDENTIAL" provided that the Bidder thereby agrees to indemnify and defend the City for honoring such a designation. The failure to so label any information that is released by the City shall constitute a complete waiver of any and all claims for damages caused by any release of the information.

16.AWARD: The City prefers to award to a single bidder but reserves the right to award contracts to multiple bidders. The City reserves the right in its sole discretion to award all items to one bidder, or to award separate items or groups of items to various bidders, or to increase or decrease the quantities of any item. The City reserves the right to reject at any time any or all bids.

17.OFFER VALIDITY: Bid shall be subject to acceptance by the City for a period of three

(3) months unless a lesser period is prescribed in the quotation by Bidder.

18.NO GUARANTEE: The City’s purchases of goods and services are based on the City’s actual needs and requirements. All quantities stated herein are only ESTIMATES. The City reserves the right to increase or decrease these estimated quantities based on its actual needs and funds available. The City is obligated to purchase and pay for only those goods and services that the City needs and requires, and that the City actually orders and receives. Any dollar amount identified as a “not to exceed:”

amount in any City document is not a guaranteed payment amount to any contractor or service provider. Furthermore, the City may determine that its needs and requirements may be met by City labor or by a second contractor or service provider, even after an award is made to one contractor or service provider. An award is not a promise or guarantee of exclusivity.

19.CHOICE OF ALTERNATE PROVISIONS; OPTIONS; NOTIFICATION: When alternative provisions are requested, or options are offered, Contractor will be notified as to which provision, or option, is being accepted at the same time that he is notified that he is the successful Bidder.

20.RIGHT TO REJECT: The City reserves the right, in its discretion, to reject at any time any or all bids, or parts thereof, and to waive any variances, technicalities and informalities which do not impair the quality, utility, durability or performance of the items.

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 16

21.SINGLE BID RECEIPT: If the City receives a single responsive, responsible bid, the City may request an extension of the bid acceptance period and/or conduct a price or cost analysis on such bid. The Bidder shall promptly provide all cost or pricing data, documentation and explanation requested by the City to assist such analysis. By conducting such analysis, the City shall not be obligated to accept the single bid. The City reserves the right to reject such bid or any portion thereof.

General Contract Terms

22.Acceptance of the offer contained in this Contract is expressly limited to the terms and conditions of such offer as herein stated.

23.This Contract shall be construed in accordance with the laws of the State of California, and the venue for any legal actions brought by any party with respect to this Agreement shall be the County of Los Angeles, State of California for state actions and the Central District of California for any federal actions.

24.Contractor shall comply with all applicable federal, state and local laws pertaining to the subject matter hereof.

25.Contractor shall deliver the materials, equipment, supplies or services, or cause the work to be performed, within the time and in the manner specified in the Contract.

Times and dates stated herein are of the essence. If at any time Contractor has reason to believe that deliveries will not be made as scheduled, written notice setting forth the cause of the anticipated delay shall be given immediately to the City.

Deliveries must be prepaid. C.O.D. shipments will not be accepted.

26.Contractor warrants that the goods, machinery or equipment delivered or the work performed hereunder shall conform to the specifications, drawings, samples or other description specified by the City and shall be fit and sufficient for the purpose intended, merchantable, of good material and workmanship, in good working order and free from defect or faulty workmanship for a period of ninety (90) days. When defective goods, machinery, or equipment or faulty workmanship is discovered which requires repair or replacement pursuant to this warranty, Contractor shall provide all labor, materials, parts and equipment to correct such defect at no expense to the City.

27.No return or exchange of material, equipment or supplies shall be permitted without written approval by the Department Administrator.

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 17

28.This Contract shall not be assigned in whole or in part, nor any duties delegated without the City’s prior written approval.

29.No performance of this contract or any portion thereof may be assigned or subcontracted by Contractor without the express written consent of the City. Any attempt by the Contractor to assign or subcontract any performance of the terms of this contract without said consent shall be null and void and shall constitute a default under this contract. In the event of such a default, the City may immediately terminate this contract. In the event the City consents to assignment or subcontracting, each term and condition of this contract shall be binding on the assigns, successors or administrators of the respective parties. In the event the City consents to subcontracting, the Contractor shall include in all subcontracts the following provision: “This contract is a subcontract under the terms of a prime contract with the City of Long Beach. All provisions of that prime contract shall apply to this subcontract.” The Contractor and all subcontractors must obtain and maintain in effect a valid City of Long Beach Business License prior to commencement of work, and during the entire time that work is being performed under the contract. The Contractor shall pay all taxes properly assessed against any equipment or property used or required in connection with the performance of security services. Bidder shall list the name and location of the place of business of each Subcontractor who will be a supplier/perform work for the bidder in an amount in excess of one-half of one percent of the bidder's total Purchase Order cost. The Subcontractor list shall be submitted with the bidder's bid.

30.Contractor, in the performance of any work or the furnishing of any labor under this Contract, shall be considered as an independent contractor. Contractor, his agents and employees shall not be considered as employees of the City.

31.The City reserves the right at any time to make changes in drawings and specifications, in methods of shipment and packaging and in place of delivery as to any articles covered by this Contract. In such event there will be made an equitable adjustment in price and time of performance mutually satisfactory to Contractor and the City; but any claim by Contractor for such an adjustment must be made within thirty (30) days of such change.

32.The City reserves the right to terminate this Contract at any time in whole or in part even though Contractor is not in default hereunder. In such event there will be made an equitable adjustment of the terms that is mutually satisfactory to the City and Contractor. Upon receipt of any notice of such termination, Contractor shall, unless

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 18 such notice otherwise directs, immediately discontinue all work on the Contract and deliver, if and as directed, to the City all completed and partially completed articles, work in process and materials purchased or acquired for performance of the Contract. The provisions of this section shall not limit or affect the right of the City to terminate this Contract immediately upon written notice of breach.

33.The City reserves the right to cancel this Contract or any part thereof and reject delivery of goods if delivery is not undertaken and completed when specified and in accordance with specifications. Contractor shall be charged for any direct losses, but not any consequential damages, sustained by the City by reason of such delay or failure, excepting losses caused by a delay for reasons beyond Contractor’s reasonable control. Direct losses shall include any costs to the city in excess of the Contract price of obtaining goods from other sources similar to those cancelled or rejected hereunder.

34.The City’s obligation to pay the sum herein stated for any one fiscal year shall be contingent upon the City Council of the City appropriating the necessary funds for such payment by the City in each fiscal year during the term of this Contract. For the purposes of this section a fiscal year commences on October 1 of the year and continues through September 30 of the following year. In the event that the City Council of the City fails to appropriate the necessary funds for any fiscal year, then, and in that event, the Contract will terminate at no additional cost or obligation to the City.

35.The remedies herein reserved shall be cumulative and additional to any other remedies at law or in equity. The waiver of any breach of this Contract shall not be held to be a waiver of any other or subsequent breach. The City’s failure to object to provisions contained in any communication from Contractor shall not be deemed an acceptance of such provisions or a waiver of the provisions of this Contract.

36.This Contract shall not be amended or modified, except by written agreement signed by the parties and expressly referring to this Contract.

37.The City reserves the right to change any portion of the work required, to add and/or delete items, or amend such other terms and conditions that may become necessary.

Any such revisions shall be accomplished by written amendment to the contract and executed by the Contractor and the City.

38.The invalidity, unenforceability or illegality of any provision of the contract shall not render the other provisions invalid, unenforceable, or illegal.

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 19

Price & Payments

39.No charges for taxes, transportation, boxing, packaging, crating or returnable containers will be allowed and paid by the City unless separately stated hereon. All sales, use, excise or similar taxes to be paid by the City must be itemized separately hereon and on invoices. The City is exempt from payment of Federal Excise Tax under Certificate No. 95-73 0502K and none shall be charged to the City.

40.The City shall pay Contractor for the goods or services as described in the section entitled “1.3 Contract Management.”

41.Contractor shall furnish further itemization and breakdown of the Contract price when requested by the City.

42.Payment terms are NET/30 unless Bidder otherwise quotes. All Cash Discounts shall be taken and computed from the date of delivery or completion and acceptance of the material, or from date of receipt of invoice, whichever occurs last. Invoices must be submitted as specified at the time of shipping authorization. Partial payments may be made by the City on delivery & acceptance of goods and on receipt of goods and on receipt of Contractor’s invoice.

43.All royalties for patents, or changes for the use of patents, which may be involved in any article to be furnished under this Contract shall be included in the Contract price.

44.The City reserves the right to exercise, at its option, an increase in expenditures by ten (10) percent annually, but the City does not guarantee such an increase.

45.In cases where a price subject to escalation has been agreed upon, the price escalation shall be shown as a separate item on the invoice. Unless an escalator clause has been shown as a specific part of this Contract Contractor shall not be entitled to reimbursement for costs incurred due to escalation.

46.Price escalation after the base period may be negotiated, but shall not exceed the most recent available month for the Los Angeles-Riverside-Orange County, CA Consumer Price Index (CPI) for All Urban Consumers for non-labor.

47.The City shall pay to Contractor the price(s) specified in the Contract on delivery of the materials, equipment, supplies or services and acceptance thereof by the City Manager or his designee, or upon completion of the work to be performed and accepted thereof, as specified in the Contract. Defective articles or articles not in accordance with the City’s specifications shall be held for Contractor’s instructions at

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 20

Contractor’s risk, and if Contractor so directs will be returned at Contractor’s expense.

Confidentiality & Data Security

48.Contractor shall keep confidential and not disclose to others or use in any way to the detriment of the City confidential business or technical information that the City may disclose in conjunction with this Contract or Contractor may learn as a result of performing this Contract.

Indemnification

49.To the extent allowed by law, Contractor shall defend, indemnify, and hold harmless the City, its Commissions and Boards, and their officials, employees, and agents from and against any and all demands, claims, causes of action, liability, loss, liens, damage, costs, and expenses (including attorney’s fees) arising from or in any way connected or alleged to be connected with Contractor’s performance under the Contract or the work under or related to the Contract and from any act or omission, willful misconduct, or negligence (active or passive) by or alleged to be by Contractor, its employees, agents, or subcontractors either as a sole or contributory cause, sustained by any person or entity (including employees or representatives of City or Contractor). The foregoing shall not apply to claims or causes of action caused by the sole negligence or willful misconduct of the City, its Commissions and Boards, or their officials, employees, or agents.

50.In addition to Contractor’s duty to indemnify, Contractor shall have a separate and wholly independent duty to defend Indemnified Parties at Contractor’s expense by legal counsel approved by City, from and against all Claims, and shall continue this defense until the Claims are resolved, whether by settlement, judgment or otherwise.

No finding or judgment of negligence, fault, breach, or the like on the part of Contractor shall be required for the duty to defend to arise. City shall notify Contractor of any Claim, shall tender the defense of the Claim to Contractor, and shall assist Contractor, as may be reasonably requested, in the defense.

51.If a court of competent jurisdiction determines that a Claim was caused by the sole negligence or willful misconduct of Indemnified Parties, Contractor’s costs of defense and indemnity shall be (1) reimbursed in full if the court determines sole negligence by the Indemnified Parties, or (2) reduced by the percentage of willful misconduct attributed by the court to the Indemnified Parties. The provisions of this section shall survive the expiration or termination of this contract.

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 21

52.Contractor shall indemnify, hold harmless and defend the City, its Commissions and Boards, and their officials, employees, and agents from any damage, claim, loss, cost, liability, cause of action or expense, including reasonable attorney’s fees, whether or not reduced to judgment, arising from any infringement or claimed infringement of any patent, trademark or copyright, or misappropriation of confidential information or trade secrets of any third party and based on the manufacture, sale or use of goods, machinery or equipment supplied hereunder.

53.If the Contractor elects to use subcontractors as set forth in these this contract, Contractor agrees to require its subcontractors to indemnify Indemnified Parties and to provide insurance coverage to the same extent as Contractor. The provisions of this section shall survive the expiration or termination of this Contract

Insurance

54.As a condition precedent to the effectiveness of this Contract, Contractor shall procure and maintain at its expense, until completion of performance and acceptance by City, from an insurer admitted (licensed) in the State of California with a current financial responsibility rating of A (Excellent) or better and a current financial size category (FSC) of V (capital surplus and conditional surplus funds of greater than $10 million) or greater rating as reported by A.M. Best Company or equivalent, unless waived in writing by City’s Risk Manager, or non-admitted in the State of California with a current financial responsibility rating of A (Excellent) or better and a current financial size category (FSC) of VIII (capital surplus and conditional surplus funds of greater than $100 million) or greater rating as reported by A.M. Best Company or equivalent, unless waived in writing by City’s Risk Manager.

a. Commercial general liability insurance equivalent in coverage scope to ISO CG 00 01 10 93 naming the City of Long Beach, and its boards, officials, employees, and agents as additional insureds on a form equivalent in coverage scope to ISO CG 20 10 11 85 from and against claims, demands, causes of action, expenses, costs, or liability for injury to or death of persons, or damage to or loss of property arising out activities performed by or on behalf of the Contractor in an amount not less than One Million Dollars (US $1,000,000) per occurrence and Two Million Dollars (US $2,000,000) in general aggregate. Such insurance shall not exclude XCU (explosion, underground, and collapse) perils.

b. Workers’ compensation coverage as required by the Labor Code of the State of California and Employer’s liability insurance with minimum limits of One Million

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 22

Dollars (US $1,000,000) per accident or occupational illness. The policy shall be endorsed with a waiver of the insurer’s right of subrogation against the City of Long Beach, and its insurers, boards, officials, employees, and agents.

c. Automobile liability insurance equivalent in coverage scope to ISO CA 00 01 06 92 in an amount not less than Five Hundred Thousand Dollars (US $500,000) combined single limit (CSL) per accident for bodily injury and property damage covering Symbol 1 (“all autos”)

Any self-insurance program or self-insurance retention must be approved separately in writing by the City’s Risk Manager or desigee and shall protect the City of Long Beach, and its boards, officials, employees, and agents in the same manner and to the same extent as they would have been protected had the policy or policies not contained retention provisions. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, or canceled by either party except after thirty (30) days prior written notice to the City of Long Beach, and shall be primary and not contributing to any other insurance or self-insurance maintained by the City of Long Beach.

Any subcontractors of all tiers which Contractor may use in the performance of this Contract shall be required to maintain insurance in compliance with the provisions of this section. The additional insured endorsement form number applicable to subcontractors with respect to the general liability insurance shall be the ISO CG 20 26 11 85 form or its equivalent.

Contractor shall deliver to the City of Long Beach certificates of insurance and original endorsements for approval as to sufficiency and form prior to the start of performance hereunder. The certificates and endorsements for each insurance policy shall contain the original signature of a person authorized by that insurer to bind coverage on its behalf. “Claims-made” policies are not acceptable unless the City’s Risk Manager determines that “Occurrence” policies are not available in the market for the risk being insured. In a “Claims-made” policy is accepted, it must provide for an extended reporting period of not less than three (3) years. Such insurance as required herein shall not be deemed to limit Contractor’s liability relating to performance under this Contract. The City of Long Beach reserves the right to require complete certified copies of all said policies at any time. Any modification or waiver of the insurance requirements herein shall be made only with the approval of the City’s Risk Manager. The procuring of insurance shall not be

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 23 construed as a limitation on liability or as full performance of the indemnification provisions of this Contract.

To the extent more stringent insurance requirements apply in accordance with the City of Long Beach’s Administrative Regulation 8-27 (AR 8-27) and its amendments, the currently in-force AR 8-27 regulations and requirements supersede and replace any insurance requirements stated herein.

Regulatory Compliance

55.BUSINESS LICENSE: The Long Beach Municipal Code (LBMC) requires all businesses operating in the City of Long Beach to pay a business license tax. In some cases, the City may require a regulatory permit and/or evidence of a State or Federal license.

Prior to issuing a business license, certain business types will require the business license application and/or business location to be reviewed by the Development Services, Fire, Health, and/or Police Departments. For more information, go to www.longbeach.gov/finance/business_license.

56.PERMITS AND LICENSING: All permits and licenses necessary to the performance the work shall be secured by the Contractor at the Contractor's own expense.

57.USE TAX: Contractor shall cooperate with the City in all matters relating to taxation and the collection of taxes, particularly with respect to the self-accrual of use tax.

Contractor shall cooperate as follows: (i) for all leases and purchases of materials, equipment, supplies or other tangible personal property totaling over $100,000 shipped from outside California, a qualified Contractor shall complete and submit to the appropriate governmental entity the form in Appendix “A” attached hereto; and

(ii) for construction contracts and subcontracts totaling $5,000,000 or more, Contractor shall obtain a sub-permit from the California Board of Equalization for the Work site. “Qualified” means that the Contractor purchased at least $500,000 in tangible personal property that was subject to sales or use tax in the previous calendar year.

In completing the form and obtaining the permit(s), Contractor shall use the address of the Work site as its business address and may use any address for its mailing address. Copies of the form and permit(s) shall also be delivered to the Purchasing Agent. The form must be submitted and the permit(s) obtained as soon as Contractor receives a notice of award. Contractor shall not order any materials or equipment over $100,000 from vendors outside California until the form is submitted http://www.longbeach.gov/finance/business_license

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 24 and the permit(s) obtained and, if Contractor does so, it shall be a material breach of the Agreement. In addition, Contractor shall make all purchases from its Long Beach sales office and the Long Beach sales office of its vendors if those vendors have a Long Beach office and all purchases made by Contractor under this Agreement which are subject to use tax of $500,000 or more shall be allocated to the City of Long Beach. Contractor shall require the same form and permit(s) from its subcontractors.

Contractor shall not be entitled to and by signing this Contract waives any claim or damages for delay against City if Contractor does not timely submit these forms to the appropriate governmental entity. Contractor may contact the Budget Analysis Officer for the Department of Financial Management at 562-570-6869 for assistance with the form.

58.CAL/OSHA: All materials, supplies and equipment provided under this Contract shall be in full compliance with the Safety Orders and Regulations of the Division of Industrial Safety of the State of California, Title 8, California Code of Regulations (CAL/OSHA) and all applicable OSHA regulations as well as all other applicable California Code of Regulations. Contractor shall indemnify and hold the City, its officials, and employees harmless for, of and from any and all loss, including but not limited to fines, penalties and corrective measures, the City may sustain by reason of Contractor’s failure to comply with said laws, rules and regulations in connection with the performance of this Contract.

59.ENVIRONMENTAL: The California Integrated Waste Management Act (Public Resources Code, Sec. 40000 et seq.) requires governmental entities to achieve fifty

(50) percent diversion of waste. In conjunction with the City’s Integrated Resources Bureau, the City is currently developing an Environmentally Preferable Product (EPP) procurement plan. These guidelines enable the City Purchasing Agent to greatly expand procurement programs by moving beyond a singular consideration of “recycled-content”. EPP procurement facilitates the purchase of products that qualify within a broad range of “environmentally preferable” criteria, such as: minimal packaging; energy savings; non-toxic; manufactured from sustainably-harvested materials. Contractor shall monitor products that fall within the EPP guidelines and document all criteria that qualifies the product as an EPP. Documentation from the manufacturer will be acceptable and may be required during the term of the Contract.

Explosive Detection Screening Equipment| ITB - AP-25-655| Template v2025.02.12 | 25

60.NONDISCRIMINATION: Contractor and subcontractor(s) shall not discriminate against any person in the performance of this Contract and shall comply with applicable federal, state and city equal employment opportunity laws, ordinances, rules and regulations. Contractor and subcontractor(s) shall not discriminate against any employee or applicant for employment or against any subcontractor on the basis of race, color, religion, national origin, sex, sexual orientation, AIDS, HIV status, age, disability, or handicap, subject to…