SHR126-ADMSR-6432 - ALPR Trailer~2.pdf

9/2025 Formal ITB

Invitation to Bid No. SHR126-ADMSR-6432

Automatic License Plate Recognition Technology Trailer

San Bernardino County Sheriff/Coroner/Public Administrator

655 East Third Street San Bernardino, CA 92415

Sheriff/Coroner/Public Administrator

Invitation to Bid Automatic License Plate

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TABLE OF CONTENTS

SECTION I: INVITATION TO BID AND GENERAL INFORMATION

1. REPRESENTATIONS AND CERTIFICATIONS .................................... Page 4

2. PUBLIC RECORDS ACT ...................................................................... Page 6

3. PRICING SCHEDULE .......................................................................... Page 7

4. PUBLIC AGENCY PARTICIPATION ..................................................... Page 9

SECTION II: INSTRUCTIONS FOR COMPLETING INVITATION TO BID

1. PRICING YOUR BID ............................................................................. Page 9

2. SUBMITTING YOUR BID ...................................................................... Page 10

3. EVALUATION AND AWARD ............................................................... Page 11

4. PROTEST PROCEDURES ................................................................. Page 12

5. LOCAL VENDOR PREFERENCE ....................................................... Page 12

SECTION III: STANDARD TERMS AND CONDITIONS

1. DEFINITIONS .................................................................................... Page 13

2. ASSIGNMENT OF RIGHTS, TITLE, AND INTEREST ........................ Page 13

3. CAL OSHA ........................................................................................ Page 13

4. FORMAL BIDS ................................................................................... Page 13

5. DELIVERY ................................................................................................. Page 14

6. INSPECTION .................................................................................... Page 14

7. TERMINATION FOR DEFAULT ......................................................... Page 14

8. TERMINATION FOR CONVENIENCE ............................................... Page 14

9. TITLE ................................................................................................. Page 15

10. VARIATIONS IN SPECIFICATIONS ................................................... Page 15

11. AVAILABILITY OF FUNDING .............................................................. Page 15

12. INSPECTION OF SERVICE/MATERIALS/SUPPLIES ........................ Page 15

13. DISPUTES .......................................................................................... Page 15

14. CHANGES .......................................................................................... Page 15

15. ASSIGNABILITY ................................................................................. Page 16

16. INDEMNITY ........................................................................................ Page 16

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17. CONDUCT OF CONTRACTOR .......................................................... Page 16

18. DISALLOWANCE .............................................................................. Page 17

19. GOVERNING LAW AND VENUE ........................................................ Page 17

20. AUDIT AND INSPECTION OF RECORDS ......................................... Page 17

21. PATENT AND COPYRIGHT LICENSE ............................................... Page 18

22. CONTRACTOR REPRESENTATION ................................................. Page 18

23. WARRANTY ....................................................................................... Page 18

24. PERMITS, NOTICES, FEES AND LAWS ........................................... Page 18

25. AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH ........ Page 19

26. FINDINGS CONFIDENTIAL ................................................................ Page 19

27. NOTICE .............................................................................................. Page 19

28. PRODUCT IDENTIFICATION AND LABELING .................................. Page 19

29. DRUG & ALCOHOL FREE WORKPLACE .......................................... Page 19

30. ORDERING ........................................................................................ Page 20

31. PAYMENTS AND INVOICES .............................................................. Page 20

32. FLAMMABILITY AND TOXICITY ........................................................ Page 20

33. CONTRACT ADMINISTRATION ........................................................ Page 20

34. RIGHT TO ACQUIRE EQUIPMENT .................................................... Page 21

35. NON-DISCRIMINATION………………………………………………..…. Page 21

36. SEVERABILITY .................................................................................. Page 21

38. CERTIFICATION OF POST CONSUMER MATERIAL………………... Page 21

39. PROHIBITION ON CONFIDENTIALITY AGREEMENTS……………... Page 21

40. USE OF BIOBASED PRODUCTS…………... ...................................... Page 22

41. SERVICE CONTRACT LABOR STANDARDS…... .............................. Page 22

42. FEDERAL CONTRACTING PROVISIONS … ........................ …………Page 22

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Section I: Invitation to Bid (ITB) and General Information

1. REPRESENTATIONS AND CERTIFICATIONS

A. Business Representation

Bidder represents as a part of this Bid the following information regarding the ownership, operation, and control of its business:

1. Are you a local business with a physical address within San Bernardino County (County)?

__Yes __No

2. Estimated percentage of work in this Bid to be performed or fulfilled locally (within the geographic boundaries of San Bernardino County): _ %

3. Please complete Attachment A: Local Vendor Preference Self Certification

If Bidder or any of its subcontractors, agents, or consultants, have previously contracted with the County to perform related work on this project (e.g., preparing components of the statement of work or plans and specifications for this project), Bidder shall identify those previous agreement(s) and submit that list along with the Bid. Other than as may be submitted on said list, Bidder certifies to the best of its knowledge that it and its proposed subcontractors, agents and consultants have not previously contracted with the County to perform work on or related to this project.

B. Debarment, Suspension and Related Matters

Bidder hereby certifies to the best of its knowledge that neither it nor any of its officers are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any state or federal department or agency (See the following United States General Services Administration’s System for Award Management website https://www.sam.gov.) Bidder certifies that it is registered in the United States General Services Administration’s System for Award Management. Bidder further certifies that if it or any of its subcontractors are business entities that must be registered with the California Secretary of State, they are registered and in good standing with the Secretary of State.

C. Disclosure of Criminal and Civil Proceedings and Public Contract Terminations

Except as allowed for in Section C.4, Bidder hereby certifies to the best of its knowledge that neither it nor any of its officers:

1. Are presently indicted for or otherwise criminally or civilly charged by a government entity (federal, state, or local) or have within the past five (5) years been convicted of or had a civil judgment rendered against them for commission of fraud or criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

2. Have within a three (3) year period preceding this agreement had one or more public transactions (federal, state or local) terminated for cause or default.

3. Are presently the target or subject of any investigation, accusation, or charges by any federal, state, or local law enforcement, licensing or certification body.

4. If Bidder is unable to certify any of the facts set forth in Sections C.1, C.2, or C.3, it certifies that it has listed on a separate sheet(s) attached to this Representations and Certifications each fact that it cannot certify and the reason it cannot do so. That information must include the specific relevant facts (date(s), contract(s) and individual(s) involved, status of action(s), and any other https://www.sam.gov/

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Bidder has a continuing duty to disclose information until contract award/execution and shall report, in writing, to the County Department of Purchasing within five business days of knowing or having any reason to know any change in status as certified in the preceding paragraphs B. and C.

D. Current Cost or Pricing

Bidder certifies to the best of its knowledge that cost and/or pricing data submitted with this Bid or specifically identified by reference if actual submission of the data is impracticable, are accurate, complete, and current as of the date signed below.

E. Independent Pricing Bidder certifies that in relation to this procurement:

1. Unless otherwise required by law, the prices that have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, in the case of a bid, or prior to award, in the case of a proposal, directly or indirectly to any other Bidder or to any competitor; and

2. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not to submit an offer to restrict competition.

F. Tax Information The Bidder understands that prior to receiving a contract award from the County, the Bidder must submit a completed IRS W-9 form to provide a Federal Tax ID number, or if not available, to provide a Social Security Number (SSN).

G. Duty to Inquire Should Bidder find discrepancies in or omissions from the solicitation, plans, specifications, or other documents, or should the Bidder be in doubt as to their meaning, the Bidder shall at once notify the ITB Contact in writing. If the point in question is not clearly and fully set forth, a written addendum will be issued and posted on the County’s website ePro. It is the Bidders’ responsibility to periodically check the Website for such addenda. The County will not be responsible for any oral instructions nor for any written materials provided by any County personnel that are not also posted on the ePro website.

CERTIFICATION

The information furnished in Paragraphs A through G and in the accompanying Bid is certified to be factual and correct as of the date submitted, and this certification is made under penalty of perjury under the laws of the State of California.

Name

Title

Company/Organization

Address

Phone Number and Email

Signature

Date

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2. PUBLIC RECORDS ACT

All Bids and other material submitted become the property of the County and are subject to release according to the California Public Records Act (Gov. Code, § 7290.000 et seq). All Bid information, including cost information, will be held in confidence during the evaluation and until a Notice of Intent to Award notification has been issued. Thereafter, Bids are subject to becoming a non-exempt public record.

If a Bidder believes that any portion of its Bid is exempt from public disclosure, it must indicate the specific portions believed to be confidential and not subject to disclosure within their response. The Bidder also must include a brief description that sets out the reasons for exemption from disclosure. Each stated exemption must include a citation to supporting legal authority, including statutory authority or case law, to support exemption from the Public Records Act. Requested exemptions that do not meet the requirements of this section will not be considered.

The County will use reasonable means to ensure that such information is safeguarded but will not be held liable for inadvertent disclosure of the information. Bids marked “Confidential” in their entirety will not be honored, and the County might not deny public disclosure of any portion of Bids so marked.

By submitting a Bid with portions identified as “Confidential,” Bidder represents that it has a good faith belief that such portions are exempt from disclosure under the California Public Records Act. Bidder may be requested to obtain legal protection from disclosure should a Public Records Act request be received. In the event the County does not disclose the information marked “Confidential,” Bidder agrees to reimburse the County for, and to indemnify, defend (with counsel approved by County) and hold harmless the County, its officers, employees, agents, and volunteers from and against any and all claims, damages, losses, liabilities, suits, judgments, fines, penalties, costs and expenses, including without limitation, attorneys’ fees, expenses and court costs of any nature arising from or relating to the County’s non-disclosure of any such designated portions of a Bid.

TO BE COMPLETED BY AN AUTHORIZED REPRESENTATIVE OF THE BIDDER

Bidder Company/Organization Name:

Authorized Representative Name:

Authorized Representative Title:

Signature: ______________________

Date: ____________________

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3. PRICING SCHEDULE

A. Specifications San Bernardino County, by and through its included Sheriff/Coroner/Public Administrator (Sheriff), is procuring two (2) Automatic License Plate Recognition Technology Trailers, as specified below, in quantities ordered, at times needed, to be delivered to the Sheriff’s Automotive Division located at 655 East Third Street, San Bernardino, CA 92415. Specifications, including optional items, are listed on Attachment D – COST. The total quantity noted per line item on Attachment D is a per-year estimate only and is not a guarantee of the total number of products to be purchased.

I. Automatic License Plate Recognition (ALPR) System Overview:

1. Each ALPR system with up-to 4 cameras.

2. Operating and Security Software System based on one of the following platforms:

a. Axon Enterprise

b. Flock Safety

c. Motorola Solutions/Vigilant

3. Standard hardware warranty.

4. Extended hardware warranty.

5. Software license(s).

II. Technology Trailer Overview:

1. Technology trailer.

2. Mounts for up to 4 cameras.

3. 750-Watt solar array cabinet.

4. Solar cabinet. Must be able to rotate 355 degrees.

5. 400Ah sealed lithium battery with heater (must be upgradable to two lithium batteries).

6. 60-Amp solar controller.

7. Remote management module.

8. 40-foot AC cord with reel.

9. 4G LTE router (Do not include SIM card and data plan pricing).

10. 4 adjustable jacks.

11. Removable tongue.

12. 5-in-1 antenna.

13. Locking equipment lids.

14. Optional - Radar

15. Optional - Collapsible Mast

16. Optional - Second Lithium Battery

17. Optional - On-Board Portable Generator

III. Trailer Standard Configuration Features and Specifications:

1. Solar Power System

1.1. Minimum 750-Watt power rating.

1.2. 1x 400Ah sealed, heated lithium battery; second battery optional.

1.3. 60-amp solar controller.

1.4. Remote Management Module.

1.5. Minimum 3x 250-watt solar panels mounted in a retractable steel cabinet.

1.6. Retractable power cord to be plugged into AC power for charging and/or constant power operation.

2. Chassis

2.1. Must be towable to deployment site by car or truck equipped with standard tow hitch.

2.2. Must be easily deployed by a single person.

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2.3. Single axel, cantilever suspension.

2.4. Full-sized 15-inch automotive tires.

2.5. Equipment mast must rotate 90 degrees for travel and deployment modes.

2.6. Powder coated steel frame, open platform with aluminum equipment boxes.

2.7. Push-through wheel lock bar that prevents the wheels from turning when the trailer is deployed. Must mount securely to equipment mast when not in use.

2.8. Removable tongue.

2.9. Four jack-legs for lifting the trailer to the point where the tires are no longer in contact with the ground.

2.10. Diamond-plate fenders and solar cabinet.

2.11. 2-inch ball hitch.

2.12. Safety chains.

2.13. 7-pin connector lighting harness.

2.14. Multiple receivers to accept modular equipment options such as Portable Mast Auxiliary

Equipment Storage Box, and/or Portable Generator.

2.15. Dimensions:

2.15.1. 96” x 70” x 85” with tongue.

2.15.2. 53.5” x 70” x 85” without tongue.

2.16. Gross Vehicle Weight Rating 1,800 lbs.

2.17. Estimated deployed weight 1,100lbs.

3. Trailer Warranty and Maintenance

3.1. Standard warranties on all equipment excluding batteries and tires.

3.2. Break-fix on field replaceable components only. Including shipment of covered replacement parts and remote assistance for installing new parts.

3.3. Chassis related warranty service.

3.4. Warranty extension options.

B. Terms & Delivery

1. Terms shall be as listed in Section III – Standard Terms and Conditions. San Bernardino County payment terms are Net 60 days after invoice and acceptance of the product. Delivery shall be FOB County’s place of delivery with immediate delivery based upon availability, but no later than ninety (90) days after issuance of County’s Purchase Order. San Bernardino County is Self- Insured. Vendor shall comply with invoicing requirements as stipulated by San Bernardino County.

2. For questions regarding these specifications or delivery and invoicing, etc., please contact the ITB Contact identified below:

San Bernardino County Sheriff/Coroner/Public Administrator Attn: Lindsey Dominguez – Bureau of Administration – Contracts and Procurement Unit 655 East Third Street

Email: lidominguez@sbcsd.org

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PRICING SCHEDULE SAMPLE

Line Item

Description

Model Year

Estimated Quantity

Unit

Price

Extended

Each

4. PUBLIC AGENCY PARTICIPATION

It is intended that any other public agency (i.e., city, district, public authority, public agency, municipality and other political sub-division or public corporation of California) located in San Bernardino County shall have the option to participate in any award made as a result of this solicitation. Any agency located outside of San Bernardino County shall have the option to participate but shall incur all freight charges from location of awarded Bidder to delivery point. San Bernardino County shall incur no financial responsibility in connection with orders issued under the authority of this provision or in making payments to the vendor.

A. Winning Award Will be Required to Comply with the Following:

California Revenue and Taxation Code section 18662

In compliance with California Revenue and Taxation Code section 18662, if you are a non-resident of California (out-of-state invoices) who receives California source income, the County will pay California Use Tax directly to the State of California per permit no. SR FH 25-632384. Fifteen (15) business days prior to the first payment, new suppliers or suppliers with expired forms or forms with incorrect information, must submit new forms to the County (forms are available from the Franchise Tax Board website listed below).

B. Franchise Tax Board Website:

http://www.ftb.ca.gov

Section II: Instructions for Completing Invitation to Bid

1. PRICING YOUR BID

A. Bid on each item separately. Prices should be stated per unit(s) specified herein.

B. Unless otherwise specified, all prices shall be F.O.B. destination. Bids other than F.O.B. destination shall be considered non-responsive and will be rejected. Any freight charges must be priced separately from product pricing.

http://www.ftb.ca.gov/

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C. Unless otherwise specified, prices bid herein should NOT include California sales/use tax or Federal excise tax. The County generally is required to pay California sales/use tax, and it should be shown as a separate item on invoices. The County is exempt from payment of Federal excise tax. It must NOT be included in invoices.

D. All prices and notations must be in ink or typewritten. No erasures are permitted. Mistakes may be crossed out and corrected and must be initialed in ink by person(s) signing the Bid.

E. Discounts of less than forty-five (45) days will not be considered in evaluation of Bids to determine overall apparent low Bidder.

F. The County net terms are Net 60. Net terms of less than 45 days will not be accepted.

2. SUBMITTING YOUR BID

A. All interested and qualified Bidders are invited to submit a Bid for consideration. Submission of a Bid indicates that the Bidder has read and understands the entire ITB, including all appendices, attachments, exhibits, schedules, and addenda (as applicable), and that all concerns regarding the ITB have been resolved. Bids must be submitted electronically through the San Bernardino County Electronic Procurement Network (ePro) https://epro.sbcounty.gov/bso/ according to the timeline below:

Release of ITB June 22, 2026 Deadline for Submission of Proposer Questions June 30, 2026, 3:00 PM PDT Deadline for Submission of Proposals July 13, 2026, 3:00 PM PDT Tentative Date for Contract Award September 2026

B. Reserved

C. Print, complete, sign, and submit Section I, subsections 1 and 2, as part of your Bid.

D. Print, complete, and submit Section I, subsection 3, as part of your Bid.

E. Print, complete, sign, and submit Attachment A and Anti-Lobbying Certification, if applicable, as part of your Bid. If not applicable, write “Not Applicable” or “N/A” on the attachment and submit as part of your Bid.

F. Failure to bid on authorized County form may be cause for rejection of Bid.

G. Any Bid received at the San Bernardino County Sheriff’s Department, Contracts & Procurement Unit, after the exact time for receipt noted in Section II.2.A, will not be considered and will be rejected as a late Bid.

H. Questions regarding the contents of this ITB shall be submitted through the ePro system on or before the Deadline for Submission of Proposer Questions. All questions will be answered, and both the question and answer will be posted as addendum to the ITB in ePro. System-related issues in ePro shall be directed to the Purchasing Department at (909) 387-2060.

I. Late Bids will be returned to the Bidder unopened unless it is determined that the late receipt was due solely to mishandling by Sheriff and such determination is made prior to award.

https://epro.sbcounty.gov/bso/

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J. The County’s primary means of providing Bids and addenda is through ePro (https://epro.sbcounty.gov/bso/).

All Bidders must be registered in ePro prior to the date for submission of Bids.

K. No oral interpretation shall be made to modify any provisions of any Bid specifications. Requests for an interpretation shall be made in writing to the ITB Contact listed in Section I.3.B.2 prior to Bid opening and a written response will be posted on the County ePro website.

L. Any Bidder desiring to withdraw its Bid must do so before the County’s deadline to submit proposals date and time as listed in Section II.2.A. above.

M. Bids submitted in response to this ITB must be in full conformance with the terms and conditions set forth herein. Further, all specification requirements must be met unless the language of the ITB specifically indicates alternate specifications will be considered.

N. Samples of items, when required, must be furnished free of expense to the County, and if not destroyed by tests will, upon request, be returned at the Bidder's expense.

O. All Bids must be signed with the firm name and by an authorized officer or employee. Obligations assumed by such signature must be fulfilled.

3. EVALUATION AND AWARD

A. Bids are subject to acceptance at any time within 270 days after the opening of the same, unless otherwise stipulated by the County.

B. In determining the lowest Bid, discounts of 45 days or greater will be considered. Discounts will be calculated from receipt and acceptance of merchandise or invoice, whichever is later.

C. Award will be made by Sheriff to the responsive, responsible Bidder providing the best value.

D. The County reserves the right to waive a variation in specification if, in the opinion of the County, such variation does not materially change the item or its performance within parameters acceptable to the County. Additionally, Sheriff reserves the right to reduce or increase the number of Automatic License Plate Recognition Technology Trailers that shall be provided by Bidder at the time of the award

E. The County reserves the right to reject any or all Bids and to accept or reject any item(s) thereon, or waive any irregularity in the Bid.

F. In the event of a conflict between a unit price Bid and Bidder's extended price, the unit price will prevail unless price is so obviously unreasonable as to indicate an error. In that event, the County will seek clarification from the Bidder if time permits. If not, the County may reject the Bid as non-responsive for the reason of inability to determine the intended Bid.

G. The County reserves the right to perform a pre-award survey of the Bidder to determine capability to perform, including but not limited to facilities, financial responsibility, materials/supplies, and past performance. The determination of the County as to the Bidder’s prospective ability to perform the contract shall be conclusive.

https://epro.sbcounty.gov/bso/

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4. PROTEST PROCEDURES

A. In the event a dispute arises concerning the Bid process prior to the award of the Contract, the Bidder raising the dispute shall submit a request for resolution in writing to the Purchasing Agent. Bidder may appeal the recommended award or denial of award (Protest), provided the Protest:

1. Is submitted in writing.

2. Is submitted within ten (10) calendar days of the issuance date of a Notice of Intent to Award.

B. A Protest can only be brought on the following grounds:

1. Failure of the County to follow the selection procedures and adhere to requirements specified in the Invitation to Bid or any addenda or amendments.

2. Violation of conflict of interest as provided by Government Code section 87100 et seq.

3. Violation of State or Federal law.

C. Protests will not be accepted for any other reasons than those stated above.

All Protests must be sent to:

Stephenie Shea, Acting Director of Purchasing San Bernardino County Purchasing Department 777 E. Rialto Avenue San Bernardino, CA 92415-0760

D. Upon receipt of the formal Protest, the Purchasing Agent, or their designee, will attempt to resolve the Protest. A Protest shall be disallowed when, in the judgment of the Purchasing Agent it has been submitted: (1) as a delay tactic; (2) for the purpose of posturing the Bidder advantageously for future procurement; (3) in a form that deviates from the one prescribed; (4) without adequate factual basis or merit; or (5) in an untimely manner.

The Purchasing Agent shall make a decision concerning the Protest, and notify the Bidder submitting the Protest, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract.

The Purchasing Agent shall notify the Bidder making the Protest of the decision, within a reasonable timeframe prior to the tentatively scheduled date for awarding the Contract. If the Contract must be approved by the Board of Supervisors (Board), after receiving a decision from the Purchasing Agent, the Bidder may then present its Protest to the Clerk of the Board of Supervisors for the Board’s review and decision. The Bidder must file its written Protest with the Clerk of the Board or provide a verbal Protest (typically limited to three minutes) prior to the Board making a decision on the Contract. Any decision of the Board shall be deemed final.

By submitting a “Letter of Protest,” the Bidder has agreed that the protest procedures herein shall precede any action in a judicial or quasi-judicial tribunal regarding this Bid. Protests that do not follow these procedures shall not be considered. The Protest procedures constitute the sole administrative remedy available to the Bidder under this ITB. Upon exhaustion of this remedy no additional recourse is available.

5. LOCAL VENDOR PREFERENCE

The County has adopted a preference (County Policy 11-10) for vendors whose principal place of business is located within the boundaries of the County. The definition of a Local Vendor is contained within County Policy 11-10 (Attachment B). A local preference of five percent (5%) preference shall be applied in the cost evaluation of Bids for goods, services, equipment, or a minor public work project, unless an exemption applies. In a price-based bid, five percent (5%) will be deducted from the local vendor’s proposed cost for

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Recognition Technology Trailer the purpose of comparison when the local vendor’s proposed cost is not the lowest. If the local vendor’s Bid is equal to or lower than the price of an otherwise successful non-local vendor after the 5% preference is applied, the local vendor will be given the opportunity to match the lowest quoted price. In a best value evaluation, five percent (5%) of the allowable points for cost will be added to the local vendor’s score. If the local vendor’s overall score is equal to or lower than that of an otherwise successful non-local vendor, the local vendor will be recommended for award. Due to the evaluation of qualitative elements along with cost in a best value evaluation, application of local preference for cost proposals may not result in award to a local vendor with the lowest cost after applying local preference.

The County’s Local Preference Policy means for example, if two Bidders are responding to this ITB and if quality, service and ability to meet the County’s needs are equal, County staff must determine if one of the Bidders is a local vendor. Bidders may self-certify as a local vendor by submitting Attachment A – Local Vendor Preference Self-Certification. If one of the Bidders is a local vendor, and its quoted price or cost for services, equipment, goods or supplies does not exceed five percent (5%) of the other Bidder’s quoted price or cost, unless it is determined that an exemption applies, staff must give the local vendor an opportunity to match the lowest quoted price to be recommended for the contract award.

Section III: Standard Terms and Conditions

The terms below apply to any subsequent contract awarded to a successful Bidder.

1. DEFINITIONS

A. “Bidder" or “Proposer” shall mean any person, firm, partnership, or corporation submitting a Bid to

County in response to this ITB.

B. "County" shall mean the San Bernardino County, California

C. "Contractor" shall mean the Bidder whose Bid is accepted by County and who has entered into an agreement with County to provide the goods, equipment and/or services described herein.

2. ASSIGNMENT OF RIGHTS, TITLE AND INTEREST

In submitting a Bid to a public purchasing body, the Bidder offers and agrees that if the Bid is accepted, it will assign to the County all rights, title and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. § 15) or under the Cartwright Act (Chapter 1 (commencing with § 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, materials, or services by the Bidder for sale to the County pursuant to the Bid. Such assignment shall be made and become effective at the time the County tenders the final payment to the Contractor.

3. CAL OSHA

As applicable, all items furnished under this Bid shall meet or exceed the standards established by the California Occupational Safety and Health Act of 1973 and current amendments thereto, provided the end use of the item is for the purpose for which the item is intended.

4. FORMAL BIDS

In the event this Bid results in a contract and/or purchase order, terms and conditions of this Bid are incorporated therein and form a part of the purchase order, superseding any terms and conditions provided with a submitted Bid.

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5. DELIVERY

Time is of the essence, and the contract and/or purchase order is subject to termination for failure to deliver on time. The acceptance by County of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by the Contractor.

6. INSPECTION

All items or services are subject to final inspection and acceptance at designation by the County. Such final inspection shall be made within a reasonable time after delivery.

7. TERMINATION FOR DEFAULT

The County may, by written notice of default to the Contractor, terminate any resulting order in whole or in part should the Contractor fail to make satisfactory progress, fail to deliver within time specified therein or fail to deliver in strict conformance to specifications and requirements set forth therein. In the event of such termination, the County reserves the right to purchase or obtain the supplies or services elsewhere, and the defaulting Contractor shall be liable for the difference between the prices set forth in the terminated order and the actual cost thereof to the County. The prevailing market price shall be considered the fair repurchase price.

A. If, after notice of termination of any resulting order under the provisions of this clause, it is determined for any reason that the Contractor was not in default under the provisions of this clause, the rights and obligations of the parties shall be the same as if the notice of termination had been issued for convenience as set forth below.

B. The rights and remedies of the County provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order.

8. TERMINATION FOR CONVENIENCE

The County may, by written notice stating the extent and effective date, terminate any resulting order for convenience in whole or in part, at any time, with or without cause. The County shall pay the Contractor as full compensation for performance until such termination:

A. The unit or pro rata price for the delivered and accepted portion.

B. A reasonable amount, as costs of termination, not otherwise recoverable from other sources by the

Contractor as approved by the County, with respect to the undelivered or unaccepted portion of the order, provided compensation hereunder shall in no event exceed the total price.

C. In no event shall the County be liable for any loss of profits on the resulting order or portion thereof so terminated.

D. The rights and remedies of the County provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law or under resulting order.

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9. TITLE

Title to the material and supplies purchased shall pass directly from Contractor to County upon delivery to the County destination, subject to the right of County to reject upon inspection, unless other arrangements have been made with the County in writing in advance.

10. VARIATIONS IN SPECIFICATIONS

The County reserves the right to waive a variation in specification if, in the opinion of the County, such variation does not materially change the item or its performance within parameters acceptable to the County.

11. AVAILABILITY OF FUNDING

The maximum amount of payment under the Contract shall be subject to availability of funds to the County.

12. INSPECTION OF SERVICE/MATERIALS/SUPPLIES

All performance (which includes materials, supplies and equipment furnished or utilized in the performance of the Contract) shall be subject to inspection and test by the County at all times during the term of the Contract and/or purchase order. The Contractor shall provide adequate cooperation to any inspector assigned by the County to permit the inspector to determine the Contractor's conformity with these specifications and the adequacy of the services being contractually provided. All inspection by the County shall be made in such a manner as not to unduly interfere with Contractor performance.

13. DISPUTES

A. Except as otherwise provided in the Contract, any dispute concerning a question of fact regarding a provision of the Contract which is not disposed of by agreement shall be decided by the Director of Purchasing who shall furnish the decision to the Contractor in writing. The decision of the Director of Purchasing shall be final and conclusive unless determined by the court of competent jurisdiction to have been fraudulent or capricious, or arbitrary, or so grossly erroneous as necessarily to imply bad faith. The Contractor shall proceed diligently with the performance of the Contract pending the Director of Purchasing’s decision.

B. The "Disputes" clause does not preclude consideration of legal questions in connection with decisions provided for in paragraph (A) above. Nothing in the Contract shall be construed as making final the decision of any administrative official, representative, or board on a question of law.

C. In the event of any dispute, claim, question, or disagreement arising from or relating to the Contract or breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties.

14. CHANGES

The Director of Purchasing may at any time, by written order, make changes within the general scope of the Contract, in the definition of services to be performed, and the time (i.e., hours of the day, days of the week, etc.) and place of performance thereof. Such changes will become effective not less than 30 days after notice of such changes are provided to Contractor. If any such change causes an increase or decrease in the cost of, or the time required for the performance of any part of the work under the Contract, whether

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Recognition Technology Trailer changed or not changed by any such order, the parties shall negotiate an equitable adjustment shall be made in the contract price or delivery schedule, or both, and the contract shall be modified in writing accordingly. Any claim by the Contractor for adjustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notification of change; provided however, that if the Director of Purchasing decides that the facts justify such action, the Director of Purchasing may receive and act upon any such claim asserted at any time prior to final payment under the Contract. Where the cost of property made obsolete or excess as a result of a change is included in the Contractor's claim for adjustment, the Director of Purchasing shall have the right to prescribe the manner of disposition of such property. Failure to agree to any adjustment shall be a dispute concerning a question of fact within the meaning of the clause of the Contract entitled "Disputes". If no agreement can be reached on the changes, at the County’s option the Contractor may continue to proceed with the Contract without the changes becoming effective, or the County may terminate the Contract for convenience in accordance with the applicable provisions in the Contract.

15. ASSIGNABILITY

The Contractor shall not assign any interest in the Contract and shall not transfer any interest in the same (whether by assignment or novation), without the prior written consent of the County thereto.

Notwithstanding the foregoing, Contractor may assign claims for money due or that become due to the Contractor from the County under the Contract without such approval, provided that such assignment is not in violation of, nor would cause the County to be in violation of, applicable law. Written notice of any such assignment or transfer shall be furnished promptly to the County.

16. INDEMNITY

Contractor agrees to indemnify, defend (with counsel reasonably approved by County) and hold harmless the County and its authorized officers, employees, agents and volunteers (Indemnitees) from any and all claims, actions, losses, damages and/or liability arising out of the Contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by the County on account of any claim except where such indemnification is prohibited by law. This indemnification provision shall apply regardless of the existence or degree of fault of Indemnitees. The Contractor indemnification obligation applies to the County’s “active” as well as “passive” negligence.

17. CONDUCT OF CONTRACTOR

A. The Contractor agrees to inform the County of all the Contractor's interests, if any, which are or which the Contractor believes to be incompatible with any interests of the County.

B. The Contractor shall make all reasonable efforts to ensure that no County officer or employee, whose position in the County enables him/her to influence any award of the Contract or any competing offer, shall have any direct or indirect financial interest resulting from the award of the Contract or shall have any relationship to the Contractor or officer or employee of the Contractor.

C. The Contractor shall not use for personal gain or make other improper use of privileged information which is acquired in connection with the Contract. In this connection, the term "privileged information" includes, but is not limited to, unpublished information relating to technological and scientific development; medical, personnel, or security records of the individuals; anticipated materials requirements or pricing actions; and knowledge of selections of contractors or subcontractors in advance of official announcement.

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D. The Contractor shall not offer (either directly or through an intermediary) any improper consideration such as, but not limited to, cash, discounts, service, the provision of travel or entertainment, or any items of value to any officer, employee, or agent of the County in an attempt to secure favorable treatment regarding the Contract.

The County, by written notice, may immediately terminate any Contract if it determines that any improper consideration as described in the preceding paragraph was offered to any officer, employee, or agent of the County with respect to the Bid and award process. This prohibition shall apply to any amendment, extension, or evaluation process once a Contract has been awarded.

The Contractor shall immediately report any attempt by a County officer, employee, or agent to solicit (either directly or through an intermediary) improper consideration from Contractor. The report shall be made to the supervisor or manager charged with supervision of the employee or to the County Administrative Office. In the event of a termination under this provision, the County is entitled to pursue any available legal remedies.

18. DISALLOWANCE

In the event the Contractor receives payment for services and/or products under the Contract, which is later disallowed by the County, the Contractor shall promptly refund the disallowed amount to the County on request, or at its option, the County may offset the amount disallowed from any payment due to the Contractor under any contract with the County.

19. GOVERNING LAW AND VENUE

The Contract shall be construed and interpreted according to the laws of the State of California. The parties agree that the venue of any action or claim brought by any party to the Contract will be the Superior Court of California, San Bernardino County, San Bernardino District. Each party hereby waives any law or rule of the court, which would allow them to request or demand a change of venue.

20. AUDIT AND INSPECTION OF RECORDS

A. General. The County shall have the audit and inspection rights described in this section.

B. Cost or pricing data. If the Contractor submitted cost or pricing data in connection with the pricing of the Contract or any change or modification thereto, unless such pricing was based on adequate price competition, established catalog or market prices of commercial items sold in substantial quantities of the general public, or prices set by law or regulation, the Director of Purchasing or his/her representatives who are employees of the County or its agent shall have the right to examine all books, records, documents and other data of the Contractor related to the negotiation pricing or performance of such contract, change or modification, for the purpose of evaluating the accuracy, completeness and currency of the cost or pricing data submitted.

C. Availability. The materials described above shall be made available at the office of the Contractor, at all reasonable times, for inspection, audit, or reproduction, until the expiration of three years from the date of final payment under the Contract, or by (1) and (2) below:

1. If the Contract is completely or partially terminated, the records relating to the work terminated shall be made available for a period of three years from the date of any resulting final settlement.

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2. Records which relate to appeals under the "Disputes" clause of the Contract, or litigation or the settlement of claims arising out of the performance of the Contract, shall be made available until such appeals, litigation, or claims have been disposed of, or three years after Contract completion, whichever is longer.

D. The Contractor shall insert a clause containing all the provisions of this entire clause in all subcontracts hereunder except altered as necessary for proper identification of the contracting parties and the contracting officer under the County's prime contract.

21. PATENT AND COPYRIGHT LICENSE

County shall have a royalty-free, non-exclusive and irrevocable license to publish, disclose, copy, translate, and otherwise use, copyright or patent, now and hereafter, all reports, studies, information, data, statistics, forms, designs, plans, procedures, systems, and any other materials or properties developed under the Contract including those covered by copyright, and reserves the right to authorize others to use or reproduce such material. All such materials developed under the terms of the Contract shall acknowledge the County as the funding agency and Contractor as the creator of the publication. No such materials or properties produced in whole or in part under the Contract shall be subject to private use, copyright or patent right by Contractor in the United States or in any other country without the express written consent of County. Copies of all educational and training materials, curricula, audio/visual aids, printed material, and periodicals, assembled pursuant to the Contract must be filed with the County prior to publication.

The Contractor shall report to the Director of Purchasing, promptly and in reasonable written detail, each notice or claim of patent or copyright infringement based on the performance of the Contract of which the Contractor has knowledge.

22. CONTRACTOR REPRESENTATION

Unless the Contractor expressly states otherwise in its Bid, where functional requirements are expressly stated as part of the requirements of this solicitation, the Contractor, by responding, represents that in its opinion the materials and/or system proposed is capable of meeting those requirements. In the event of any inconsistency between the functional specifications and the detailed specifications contained in the solicitation, the former will control.

23. WARRANTY

Contractor agrees that the equipment or supplies to be furnished shall be covered by the most favorable commercial warranties the Contractor gives to any customer for the same or substantially similar equipment or supplies and that the rights and remedies so provided are in addition to and do not limit any rights afforded to County.

24. PERMITS, NOTICES, FEES AND LAWS

The Contractor shall, at Contractor's expense, obtain all necessary permits and licenses, give all necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to work and to the preservation of the public health and safety.

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25. AIR, WATER POLLUTION CONTROL, SAFETY AND HEALTH

Contractor shall comply with all air pollution control, water pollution, Safety and Health Ordinances and statutes which apply to the work performed pursuant to the Contract, including any requirements specified in state government codes.

26. FINDINGS CONFIDENTIAL

Any reports, information, data, etc., given to or prepared or assembled by the Contractor under the Contract which the County requests to be kept as…