City of Overland Park, Kansas Concealable Soft Body Armor

Transcription

1 City of Overland Park, Kansas Concealable Soft Body Armor NOTICE AND INVITATION TO BIDDERS Sealed bids for Concealable Soft Body Armor will be received by the City of Overland Park, Kansas, at the office of the City Clerk, Overland Park, Kansas, until 2:00 p.m. local time on March 28, At that time all sealed bids will be transferred to the Council Chambers, City Hall, where they will be publicly opened and read aloud. Any bid received after the designated closing time will be returned unopened. All bids shall be submitted in sealed envelopes addressed to: CITY OF OVERLAND PARK, KANSAS Attention: City Clerk 8500 Santa Fe Drive Overland Park, Kansas and marked Bid for Concealable Soft Body Armor. Bidding Document Packets are on file and available at the office of the City Clerk, Overland Park City Hall, 8500 Santa Fe, Overland Park, Kansas or on-line at Business>Bids and Proposals. BIDDERS SHOULD READ AND BE FULLY FAMILIAR WITH ALL BID DOCUMENTS TO INCLUDE CONTRACT/AGREEMENT REQUIREMENTS BEFORE SUBMITTING A BID. IN SUBMITTING A BID, THE BIDDER WARRANTS THAT IT HAS READ THE BIDDING DOCUMENTS AND THE CONTRACT DOCUMENTS AND IS FULLY FAMILIAR THEREWITH AND THAT IT HAS MADE ITSELF FULLY INFORMED OF THE BID SPECIFICATIONS AND ALL REQUIREMENTS, CONDITIONS AND LIMITATIONS. All bidders shall verify in writing that they have considered all Bidding Documents. The City shall not be responsible for oral statements or instructions. Any written addenda issued during the time of bidding shall be covered and included in the bid. There will be no clarifications or exceptions allowed on the Bid. Bids shall be made upon the bid form provided, in ink or typewritten. Numbers shall be stated both in writing and in figures; the signature shall be long hand; and the complete form shall be without alteration or erasure. On alternate items for which a bid is not submitted, a written indication of "no bid" on the bid form is required. N-1

2 No oral, telegraphic, facsimile or telephonic bids or alterations will be considered. The following items must be included in the sealed envelope with the bid: a. Bid b. Compliance to Specifications c. A copy of the Certified Accreditations d. A copy of the manufacturers quality control program e. Insurance certificates The City reserves the right to accept or reject any and all bids and to waive any technicalities or irregularities therein. Bids may be modified or withdrawn by written request of the bidder received in the office of the City Clerk, prior to the time and date for bid opening; provided, however, that no bidder may withdraw its bid for a period of thirty (30) days from the date set for the opening thereof. ALL BIDDERS AGREE THAT REJECTION SHALL CREATE NO LIABILITY ON THE PART OF THE CITY BECAUSE OF SUCH REJECTION, AND THE FILING OF ANY BID IN RESPONSE TO THIS INVITATION SHALL CONSTITUTE AN AGREEMENT OF THE BIDDER TO THESE CONDITIONS. N-2

3 City of Overland Park, Kansas Concealable Soft Body Armor INSTRUCTIONS TO BIDDERS IB-1. BIDS: All bids shall be made on the forms provided in this BID PACKET and shall be in compliance with the Notice and Invitation to Bidders and other Bidding Documents. Bidders must: a. Thoroughly and completely read all bid documents prior to submitting a bid. b. Fill in all appropriate blanks on the bid form and other Bidding Documents. c. Attach complete and adequate information, as bidder deems necessary and appropriate for City to understand the nature, quantity and substance of the bid submitted. d. Sign bid form. The person signing on behalf of the bidder must have the legal authority to bind the bidder to its bid offer. e. Enclose bid in a sealed envelope plainly marked "BID FOR CONCEALABLE SOFT BODY ARMOR. f. Ensure all bids are addressed to: CITY OF OVERLAND PARK, KANSAS Attention: City Clerk 8500 Santa Fe Drive Overland Park, Kansas g. Ensure all bids are timely submitted. IB-2. DEFINITIONS: Definitions set forth herein are applicable to all Bidding Documents. a. Bidding Documents include the Advertisement, Notice and Invitation to Bidders, Instructions to Bidders, Specifications, Compliance to Specifications Form, Bid, Agreement, and any Addenda issued prior to receipt of bids. b. Bid is a complete and properly signed proposal to complete the performance required by the Bidding Documents for the price stipulated therein, submitted in accordance with the Bidding Documents. I-1

4 c. Contract Documents include the Agreement and the Bidding Documents. d. Unit Price is an amount stated in the bid as a price per unit of measurement for materials or services as described in the Bidding Documents. e. Bidder is a person or entity who submits a bid. f. Successful bidder is the person or entity who is determined and declared by the City to have submitted the lowest and best responsible bid in conformity with the terms of the Bidding Documents. g. City shall mean the City of Overland Park, Kansas. h. Vendor shall be the bidder that the City has determined and declared to be the successful bidder and which has, following such determination and declaration, thereafter executed the Contract Documents to perform the work, or provide the product described therein. IB-3. BIDDER'S REPRESENTATIONS: Each bidder by making its bid represents that: a. It has read and understands the Bidding Documents, and its bid is made in accordance therewith. b. It has familiarized itself with the Bidding Documents and understands that a condition and specification of the project is the requirement that the successful bidder execute the Contract Documents to include the Agreement included in the bid packet within ten (10) days of being awarded the contract. c. It has familiarized itself with the requirements of the work and the local conditions under which the work is to be performed, has reviewed all specifications and other documents relating to the service, project or product, and makes its bid in full knowledge of these and all requirements of the Bidding Documents. d. Its bid is based upon the materials, systems and equipment and specifications required by the Bidding Documents without exception. e. It has familiarized itself with state, federal law and local ordinances and regulations, which may affect cost, progress or performance of the work or compliance with any requirement of the Bidding Documents. I-2

5 IB-4. BIDDING DOCUMENTS: Bidders shall use complete sets of Bidding Documents in preparing bids. The City does not assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. The City in making copies of the Bidding Documents available on the above terms, does so only for the purpose of obtaining bids on the work and does not confer a license or grant for any other use. IB-5. DEFECTS, CLARIFICATION AND INTERPRETATION IN BIDDING DOCUMENTS: Bidders shall promptly notify the City of any errors, omissions, discrepancies or inconsistencies (hereinafter "defects"), which they may discover upon examination of the Bidding Documents. Bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the City at least seven (7) days prior to the date for receipt of bids. Any interpretation, correction or change of the Bidding Documents will be made by Addendum. Interpretations, corrections or changes of the Bidding Documents made in any other manner will not be binding, and Bidders shall not rely upon such interpretations, corrections and changes. IB-6. ADDENDA: Written addenda will be mailed or delivered to all who are known by the City to have received a complete set of Bidding Documents. Copies of written addenda will be made available for receipt and inspection wherever Bidding Documents are on file for that purpose. No written addenda will be issued later than four (4) days prior to the date for receipt of bids except an addendum withdrawing the request for bids or one, which includes postponement of the date for receipt of bids. Each bidder shall ascertain prior to submitting its bid that it has received all written addenda issued, and it shall acknowledge its receipt in its bid. IB-7. INSURANCE: The successful bidder shall be required to provide a minimum $20,000, product liability insurance coverage on delivered vests. IB-8. TAXES: The City is tax exempt as a political subdivision under Section 4221(a) of the Internal Revenue Code and K.S.A (b). I-3

6 IB-9. MODIFICATION OR WITHDRAWAL OF BIDS: Bids may be modified or withdrawn by written request of the bidder received in the office of the City Clerk, prior to the time and date for bid opening. No bidder may withdraw its bid for a period of thirty (30) days from the date set for the opening thereof. IB-10. ACCEPTANCE AND REJECTION OF BIDS AND AWARD OF CONTRACT: The bid contract will be awarded by the City to the lowest and best, responsible bidder as determined by the Governing Body of the City. The City reserves the right to reject any and all bids; to waive any and all irregularities and informalities; to negotiate Agreement terms with the successful bidder; and the right to disregard all nonconforming, nonresponsive or conditional bids. In evaluating Bids, the City may consider the qualification of bidders, whether or not the bids comply with the prescribed requirements, and alternates and unit prices if requested in the bid forms. The City reserves the right to reject the bid of any bidder who does not pass the evaluation to the City's satisfaction. IB-11. INDEMNIFICATION: The Vendor shall be required to indemnify and hold the City harmless as set forth in the Agreement. IB-12. KANSAS OPEN RECORDS ACT (K.S.A et seq.): All bid responses become the property of the City of Overland Park, Kansas. Kansas law requires all information contained in bid responses to become open for pubic review once a bid is accepted or all bids are rejected. I-4

7 City of Overland Park, Kansas Concealable Soft Body Armor SPECIFICATIONS This product specification details the style and quality of concealable soft body armor vests intended for use by male or female members of the Overland Park, Kansas Police Department. The vests shall be worn comfortably while being concealed under a shirt. All vests shall provide protection against labeled projectile penetration while reducing resultant blunt trauma and vest distortion to acceptable levels. The successful vendor shall be required to supply the individual vests with applicable options and colors as ordered for male or female personnel. Only Second Chance Summit Series SM01 body armor, Threat Level IIIA shall be submitted under this specification. No exceptions. The following list of standards and specifications in effect on the date of this solicitation shall form a part of this specification. Test Standard: National Institute of Justice Standard: Model: NIJ BA-3A00S-SM01 Threat Type: IIIA Configuration: Unstructured Armor Material: Twaron Core Matrix Technology; Gold Shield GN-2117 Armor Panel Covering: Nylon with Urethane backing, Heat sealed edges Areal Density [lbs/ft²]: 1.15 Thinness [inches]: The City has the right to determine quantity. Of the total quantity purchased, both male and female products will be represented. The City retains the right to adjust the total quantities, while maintaining the accepted bid price, without notification to the Vendor. The term of the contract, including extensions, and/or escalation clauses, shall be stated in the bid document. The City intends to purchase approximately 75 vests per the annual terms of the contract. The intended use of the soft body armor detailed herein is to be standard issue armor. It is intended for routine daily wear as an undergarment. The bid must include the Unit Price for: One Second Chance Summit Series SM01 vest for either Male and Female One soft trauma plate S-1

8 Two 4-point and/or 6-point adjustable, outer carriers (Each carrier must contain an internal suspension system for the ballistic inserts) Threat Level IIIA NIJ Standards The Second Chance Summit Series SM01 body armor must include a front ballistic panel that covers the chest approximately up to the collarbone. It must have a scooped neck sufficient to maintain concealability when wearing an open-collar shirt. It must extend downward to the waist but not far enough to push up into the throat when the wearer is seated and it must extend around the sides to provide side protection. The biceps/chest region must be cut with sufficient space to minimize irritations and restriction of arm movement during common duties such as the operation of motor vehicles. The entire vest must be curved having no sharp corners or straight edges. The Second Chance Summit Series SM01 body armor must include a rear ballistic panel that covers the back of the torso from just above the shoulder blades down to a position above the waist belt. The sides of the wearer s torso must be covered by the Second Chance Summit Series SM01 body armor front and/or rear panels. The panels must overlap for maximum side protection. All materials must be new, unused and without flaws that affect appearance, durability and function. Each Second Chance Summit Series SM01 body armor vest must be labeled in strict adherence to the labeling requirement set forth in NIJ Standard Each ballistic panel shall include, but not be limited to, the name of the manufacturer, level of protection, NIJ-STD , date of fabrication, size, serial number, model, lot number and care instructions. The label material must be designed to withstand normal wear and cleaning and remain readable during the entire warranted life of the armor or carrier. Each Second Chance Summit Series SM01 ballistic panel must contain an individual serial number. Each serialized ballistic panel shall be traceable to its original ballistic material lot number and ballistic material mill roll number. The serial number shall be traceable to an incoming material lot test and ballistic panel lay-up lot test. The vendor must have the ability to trace serial numbers. The vendor must be an identified wholesaler/retailer, who has the ability to provide measurement, fitting and service at times convenient to the City, within ten (10) days of request. The vendor must agree to and possess the ability to take individual measurements of each user and to ensure that each delivered vest fits in accordance with the following guidelines: 1. The side edges of the front and back ballistic panels must overlap to provide maximum side protection. 2. The bottom edge of the front ballistic panel shall be within one inch (1 ) of the highest S-2

9 waist belt measurement when the wearer is in a relaxed seated position. 3. The bottom edge of the back panel shall be within one inch (1 ) of the highest waist belt measurement when the wearer is in the standing position. The vendor must be able to document the quality control system used in manufacturing process of the Second Chance Summit Series SM01 body armor to ensure the integrity and quality of the manufactured products. The vendor must be able to document that the manufacturer has an in-house ballistic laboratory capable of performing ballistic testing of incoming raw materials and in-process samples and that the manufacturer has the capability of performing testing in accordance with MIL-STD-662F and NIJ Standard The documented quality control system must include procedures for lot testing of incoming raw material and in-process sample. All incoming ballistic material must undergo V50 ballistic lot tests in accordance with MIL- STD-662F. Every vest to be delivered will have been inspected for material defects and proper ply counts. Prior to delivery, every ballistic panel must be inspected for proper ballistic panel stitching. The covers and accessories must be inspected during manufacturing for defects at selected points during manufacturing process to assure the absence of hidden defects in the final item. Each vest shipped will receive a final inspection prior to shipment. This inspection must include a review of the quality control check sheet to insure compliance with the City s specifications. The vendor must supply a copy of the Certificate of Accreditations as well as the manufacturer s quality control program must be submitted with the bid documents. The vendor must agree to and possess the ability to perform all alterations of more than one inch (1 ) within thirty (30) days after the original shipment of the product, at no charge. The vendor must agree to and possess the ability to provide a minimum of $20,000, product liability insurance coverage on delivered vests. The vendor must agree to and possess the ability to provide a five (5) year warranty against defects in materials and workmanship for the ballistic panels. The vendor must agree to and possess the ability to provide a twelve (12) month warranty against any defects in the material and/or workmanship for the removable, machine washable carriers. The vendor must agree to and possess the ability to package and ship the body armor consistent with good commercial practices. The body armor shall be packed into suitable corrugated cardboard boxes. The box shall allow for normal shipping without damage to the soft body armor. The vendor must agree to and possess the ability to deliver the concealable soft body armor within forty-five (45) days of the City s order. S-3

10 City of Overland Park, Kansas Concealable Soft Body Armor SPECIFICATIONS This product specification details the style and quality of concealable soft body armor vests intended for use by male or female members of the Overland Park, Kansas Police Department. The vests shall be worn comfortably while being concealed under a shirt. All vests shall provide protection against labeled projectile penetration while reducing resultant blunt trauma and vest distortion to acceptable levels. The successful vendor shall be required to supply the individual vests with applicable options and colors as ordered for male or female personnel. Only Second Chance Summit Series SM01 body armor, Threat Level IIIA shall be submitted under this specification. No exceptions. The following list of standards and specifications in effect on the date of this solicitation shall form a part of this specification. Test Standard: National Institute of Justice Standard: Model: NIJ BA-3A00S-SM01 Threat Type: IIIA Configuration: Unstructured Armor Material: Twaron Core Matrix Technology; Gold Shield GN-2117 Armor Panel Covering: Nylon with Urethane backing, Heat sealed edges Areal Density [lbs/ft²]: 1.15 Thinness [inches]: The City has the right to determine quantity. Of the total quantity purchased, both male and female products will be represented. The City retains the right to adjust the total quantities, while maintaining the accepted bid price, without notification to the Vendor. The term of the contract, including extensions, and/or escalation clauses, shall be stated in the bid document. The City intends to purchase approximately 75 vests per the annual terms of the contract. The intended use of the soft body armor detailed herein is to be standard issue armor. It is intended for routine daily wear as an undergarment. The bid must include the Unit Price for: One Second Chance Summit Series SM01 vest for either Male and Female One soft trauma plate S-1

11 Two 4-point and/or 6-point adjustable, outer carriers (Each carrier must contain an internal suspension system for the ballistic inserts) Threat Level IIIA NIJ Standards The Second Chance Summit Series SM01 body armor must include a front ballistic panel that covers the chest approximately up to the collarbone. It must have a scooped neck sufficient to maintain concealability when wearing an open-collar shirt. It must extend downward to the waist but not far enough to push up into the throat when the wearer is seated and it must extend around the sides to provide side protection. The biceps/chest region must be cut with sufficient space to minimize irritations and restriction of arm movement during common duties such as the operation of motor vehicles. The entire vest must be curved having no sharp corners or straight edges. The Second Chance Summit Series SM01 body armor must include a rear ballistic panel that covers the back of the torso from just above the shoulder blades down to a position above the waist belt. The sides of the wearer s torso must be covered by the Second Chance Summit Series SM01 body armor front and/or rear panels. The panels must overlap for maximum side protection. All materials must be new, unused and without flaws that affect appearance, durability and function. Each Second Chance Summit Series SM01 body armor vest must be labeled in strict adherence to the labeling requirement set forth in NIJ Standard Each ballistic panel shall include, but not be limited to, the name of the manufacturer, level of protection, NIJ-STD , date of fabrication, size, serial number, model, lot number and care instructions. The label material must be designed to withstand normal wear and cleaning and remain readable during the entire warranted life of the armor or carrier. Each Second Chance Summit Series SM01 ballistic panel must contain an individual serial number. Each serialized ballistic panel shall be traceable to its original ballistic material lot number and ballistic material mill roll number. The serial number shall be traceable to an incoming material lot test and ballistic panel lay-up lot test. The vendor must have the ability to trace serial numbers. The vendor must be an identified wholesaler/retailer, who has the ability to provide measurement, fitting and service at times convenient to the City, within ten (10) days of request. The vendor must agree to and possess the ability to take individual measurements of each user and to ensure that each delivered vest fits in accordance with the following guidelines: 1. The side edges of the front and back ballistic panels must overlap to provide maximum side protection. 2. The bottom edge of the front ballistic panel shall be within one inch (1 ) of the highest S-2

12 waist belt measurement when the wearer is in a relaxed seated position. 3. The bottom edge of the back panel shall be within one inch (1 ) of the highest waist belt measurement when the wearer is in the standing position. The vendor must be able to document the quality control system used in manufacturing process of the Second Chance Summit Series SM01 body armor to ensure the integrity and quality of the manufactured products. The vendor must be able to document that the manufacturer has an in-house ballistic laboratory capable of performing ballistic testing of incoming raw materials and in-process samples and that the manufacturer has the capability of performing testing in accordance with MIL-STD-662F and NIJ Standard The documented quality control system must include procedures for lot testing of incoming raw material and in-process sample. All incoming ballistic material must undergo V50 ballistic lot tests in accordance with MIL- STD-662F. Every vest to be delivered will have been inspected for material defects and proper ply counts. Prior to delivery, every ballistic panel must be inspected for proper ballistic panel stitching. The covers and accessories must be inspected during manufacturing for defects at selected points during manufacturing process to assure the absence of hidden defects in the final item. Each vest shipped will receive a final inspection prior to shipment. This inspection must include a review of the quality control check sheet to insure compliance with the City s specifications. The vendor must supply a copy of the Certificate of Accreditations as well as the manufacturer s quality control program must be submitted with the bid documents. The vendor must agree to and possess the ability to perform all alterations of more than one inch (1 ) within thirty (30) days after the original shipment of the product, at no charge. The vendor must agree to and possess the ability to provide a minimum of $20,000, product liability insurance coverage on delivered vests. The vendor must agree to and possess the ability to provide a five (5) year warranty against defects in materials and workmanship for the ballistic panels. The vendor must agree to and possess the ability to provide a twelve (12) month warranty against any defects in the material and/or workmanship for the removable, machine washable carriers. The vendor must agree to and possess the ability to package and ship the body armor consistent with good commercial practices. The body armor shall be packed into suitable corrugated cardboard boxes. The box shall allow for normal shipping without damage to the soft body armor. The vendor must agree to and possess the ability to deliver the concealable soft body armor within forty-five (45) days of the City s order. S-3

13 City of Overland Park, Kansas Concealable Soft Body Armor COMPLIANCE TO SPECIFICATIONS FORM Each Bidder must complete this Compliance to Specifications Form on which the bidder must indicate whether the bid submitted meets all required specifications. 1. Only Second Chance Summit Series SM01 body armor, Threat Level IIIA shall be submitted under this specification. No exceptions. 2. The Second Chance Summit Series SM01 body armor must be tested by the National Institute of Justice (NIJ) National Law Enforcement Technology Center (NLETC), and found to comply with the requirements of NIJ Standard Each completed piece of Second Chance Summit Series SM01 body armor must include one (1) set of ballistic panels (1 front, 1 rear) constructed from Twaron Core Matrix Technology; Gold Shield GN-2117 ballistic material. 4. Each complete piece of Second Chance Summit Series SM01 body armor must include one soft trauma plate. 5. Each complete piece of Second Chance Summit Series SM01 body armor must include two (2) 4-point and/or 6-point adjustable, washable, outer carriers. Each carrier must contain an internal suspension system for the ballistic panels. 6. The Second Chance Summit Series SM01 body armor must include a front ballistic panel that covers the chest approximately up to the collarbone. It must have a scooped neck sufficient to maintain concealability when wearing an open-collar shirt. It must extend downward to the waist but not far enough to push up into the throat when the C-1

14 wearer is seated and it must extend around the sides to provide side protection. The biceps/chest region must be cut with sufficient space to minimize irritations and restriction of arm movement during common duties such as the operation of motor vehicles. The entire vest must be curved having no sharp corners or straight edges. 7. The Second Chance Summit Series SM01 body armor must include a rear ballistic panel that covers the back of the torso from just above the shoulder blades down to a position above the waist belt. 8. The sides of the wearer s torso must be covered by the Second Chance Summit Series SM01 body armor front and/or rear panels. The front and rear panels must overlap to maximum side protection. 9. Each Second Chance Summit Series SM01 body armor vest must be labeled in strict adherence to the labeling requirement set forth in NIJ Standard The ballistic panel shall include, but not be limited to, the name of the manufacturer, level of protection, NIJ-STD , Date of Fabrication, Size, Serial Number, Model, Care Instructions and Lot Number. The label material is designed to withstand normal wear and cleaning and remain readable during the entire warranted life of the armor or carrier. 10. All materials must be new, unused and without flaws that affect appearance, durability and function. 11. Each Second Chance Summit Series SM01 body armor vest delivered must contain an individual serial number. Each serialized soft body armor panel shall be traceable to its original ballistic material lot number and ballistic material mill roll number. The serial number shall be traceable to an incoming material lot test and ballistic panel lay-up lot test. The vendor must have the ability to trace serial numbers. C-2

15 12. All ballistic material that comprises a part of each piece of soft body armor delivered must have undergone V50 ballistic lots tests in accordance with MIL-STD-662F, except that the test will be conducted on clay backing which meets the requirements of NIJ Standard for backing material. 13. The vendor must be an identified wholesaler/retailer, who has the ability to provide measurement, fitting and service at times convenient to the City, within ten (10) days of request. 14. The vendor must agree to and possess the ability to take individual measurements of each user and to ensure that each delivered vest fits in accordance with the following guidelines: The side edges of the front and back ballistic panels must overlap for maximum side protection. The bottom edge of the front ballistic panel shall be within one inch (1 ) of the highest waist belt measurement when the wearer is in a relaxed seated position. The bottom edge of the back panel shall be within one inch (1 ) of the highest waist belt measurement when the wearer is in the standing position. 15. The vendor must be able to document the quality control system used in manufacturing process of the Second Chance Summit Series SM01 body armor to ensure the integrity and quality of the manufactured products. The vendor must be able to document that the manufacturer has an in-house ballistic laboratory capable of performing ballistic testing of incoming raw materials and in-process samples and that the manufacturer has the capability of performing testing in accordance with MIL-STD-662F and NIJ Standard The documented quality control system must include procedures for lot testing of incoming raw material and in-process sample. All incoming ballistic material must undergo V50 ballistic lot tests in accordance with MIL-STD-662F. Every vest to be delivered will have been inspected for material defects and proper ply counts. C-3

16 16. Prior to delivery, every ballistic panel must be inspected for stitching. The nylon panel covers and accessories must be inspected during manufacturing for defects at selected points during manufacturing process to assure the absence of hidden defects in the final item. Each vest shipped will receive a final inspection prior to shipment. This inspection must include a review of the quality control check sheet to insure compliance with the City s specifications. 17. The vendor must supply a copy of the Certificate of Accreditations as well as the manufacturer s quality control program must be submitted with the bid documents. 18. The vendor must agree to and possess the ability to perform all alterations of more than one inch (1 ) within thirty (30) days after the original shipment of the product, at no charge. 19. The vendor must agree to and possess the ability to provide a minimum of $20,000, product liability insurance coverage on delivered vests. 20. The vendor must agree to and possess the ability to provide a five (5) year warranty against defects in materials and workmanship for the ballistic panels. 21. The vendor must agree to and possess the ability to provide a twelve (12) month warranty against any defects in the material and/or workmanship for the removable, machine washable carriers. 22. The vendor must agree to and possess the ability to package and ship the concealable soft body armor consistent with good commercial practices. The body armor shall be packed into suitable corrugated cardboard boxes. The box shall allow for normal shipping without damage to the soft body armor. C-4

17 23. The vendor must agree to and possess the ability to deliver the concealable soft body armor within forty-five (45) days of the City s order. C-5

18 City of Overland Park, Kansas Concealable Soft Body Armor BID TO: City of Overland Park, Johnson County, Kansas NOTE: PLEASE DO NOT RETURN THIS BID IF YOU ARE NOT SUBMITTING THE SAME. YOUR NAME WILL REMAIN ON OUR BIDDERS' LIST UNTIL WE ARE NOTIFIED TO REMOVE IT. The undersigned bidder hereby proposes to furnish all materials, supplies, transportation, tools, equipment, perform all necessary labor, complete all work, and deliver all products stipulated in, required by, and in conformity with the proposed Bidding Documents and Contract Documents (including all documents referred to therein) and any and all addenda thereto, for and in consideration of prices as follows: Second Chance Summit Series SM01 Threat Level IIIA body armor (Male & Female) $ (Unit Price Figures) Dollars (Unit Price Written) 1. The undersigned further agrees to begin the work upon the date of execution of the Agreement between the parties. The undersigned also declares that it understands that if not preset by the City, the time to begin performance and to complete the work will be one factor considered in determining the lowest and best responsible bidder. 2. In submitting this bid, the undersigned declares that it is of lawful age and executed the accompanying bid on behalf of the bidder therein named, and that it had lawful authority to do so. The undersigned further declares that it has not directly or indirectly entered into any agreement, expressed or implied, with any bidder or bidders, having for its object the controlling of the price or amount of such bid or any bids, the limiting of the bid or bidders, the parceling or farming out to any bidder or bidders, or other persons, of any part of the Agreement or any part of the subject matter of the bid or bids or of the profits thereof, and that it has not and will not divulge the sealed bid to any person B-1

19 whomsoever, except those having a partnership or other financial interest with bidder in said bid or bids, until after sealed bid or bids are opened. 3. The undersigned further declares that it has carefully examined the Notice and Invitation to Bidders, Instructions to Bidders, Specifications, Agreement and other Bidding Documents, and has satisfied itself as to all conditions, quantities and requirements and understands that in signing this bid it waives all right to plead any misunderstanding regarding the same. 4. The undersigned hereby agrees to execute the Agreement contained in the bid package within ten (10) calendar days from and after notice of the award of the Contract, and failure of the bidder to do so shall constitute a default, and the City may thereafter take such steps to protect its legal rights as it deems in its best interest, including, but not limited to, rejection of the bid. 5. It is understood that the City will pay in a prompt and timely manner as provided in the Contract Documents. 6. Undersigned acknowledges receipt of the Bidding Documents and Contract Documents to include the Specifications for the project including the Compliance to Specifications Form. DATED this day of, 20. Name of Bidding Entity (SEAL) Title of Person Authorized to Submit Binding Bid Signature of Person Authorized to Submit Binding Bid Address Telephone Number B-2

20 Notice to Bidders: The successful Bidder must execute the Agreement as set forth below within ten days of being awarded the contract. City of Overland Park, Kansas Concealable Soft Body Armor AGREEMENT THIS AGREEMENT is made and entered into this day of, 2013, by and between the City of Overland Park, Kansas, hereinafter the "City," and, hereinafter the "Vendor"; WITNESSETH: WHEREAS, the City has caused to be prepared, in accordance with the law, Bidding Documents, for the goods and services herein described, and has caused to be published, in the manner and for the time required by law, an advertisement inviting sealed bids for furnishing materials, labor, tools, equipment and transportation necessary for, and in connection with, the delivery of goods and services in accordance with the terms of the Contract Documents; and WHEREAS, the Vendor, in response to the advertisement, has submitted to the City, in the manner and at the time specified, a sealed Bid in accordance with the requirements of the Bidding Documents; and WHEREAS, the City, in the manner prescribed by law, has publicly opened, examined and canvassed the Bids submitted, and as a result of this canvass has, in accordance with the law, determined and declared the Vendor to be the lowest and best responsible bidder for the delivery of the specified goods and services, and has duly awarded to the Vendor a Contract therefore upon the terms and conditions set forth in the Contract Documents as defined herein and for the sum or sums named in the Bid, a copy of which is attached hereto. NOW, THEREFORE, in consideration of the compensation to be paid the Vendor, and of the mutual agreements herein contained, the parties hereto have agreed, and hereby agree, the City for itself and its successors, and the Vendor for itself, himself/herself or themselves, its, his/her or their successors and assigns, or its, his/her or their executors and administrators, as follows: ARTICLE 1. DEFINITIONS Whenever any word or expression defined herein, or pronoun used in its stead, occurs in this Agreement, it shall have and is mutually understood to have the meaning herein given. A-1

21 Agreement shall mean this Agreement and the Bidding and Contract Documents and any attachments to those documents to include Exhibits. The terms Agreement, Bidding Documents, and Contract Documents are used interchangeably in these documents and reference to one shall be reference to all of the documents. "Bid" shall mean the offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work or services to be performed and the goods or products to be delivered (the City reserves the right to reject any and all bids). "Bidder" shall mean any individual, partnership, corporation, association or other entity submitting a bid for the work. "Bidding Documents" shall mean all documents related to a Bidder's submitting a Bid, including, but not limited to, the advertisement for bids, if applicable, Notice and Invitation to Bid, Instructions to bidders, the Bid form, plans and specifications, the Agreement and any other forms and Documents included in the Bid Document Package, including any addenda issued prior to receipt of bids. The Bidding Documents shall be incorporated by reference into this Agreement and the Contract Documents and shall be considered as fully a part of this Agreement and the Contract Documents as if repeated verbatim herein. The Bid Documents are attached hereto as Exhibit A. The terms Agreement, Bidding Documents, and Contract Documents are used interchangeably in these documents and reference to one shall be reference to all of the documents. "City" shall mean the City of Overland Park, Kansas. Contract shall mean the work/project awarded to the bidder that submitted the lowest and best bid for the goods and services described in the Bidding Documents. "Contract Documents" shall mean the Bidding Documents and this Agreement. The terms Agreement, Bidding Documents, and Contract Documents are used interchangeably in these documents and reference to one shall be reference to all of the documents. "Vendor" shall mean the bidder awarded the Contract for the performance of the work or services and/or delivery of goods and products that is the subject of the Bidding Documents, together with its duly authorized agents or legal representatives. ARTICLE 2. VENDOR S PERFORMANCE The Vendor will, furnish Concealable Soft Body Armor for use by the City of Overland Park, Kansas Police Department, all in strict accordance with the specifications, terms and conditions set forth in the Bidding Documents and to the entire satisfaction of the City, and in accordance with the laws of the City, the State of Kansas and the United States of America. A-2

22 ARTICLE 3. PRICE AND PAYMENT TERMS The Vendor agrees to provide Concealable Soft Body Armor to the City, as described in the Bidding Documents, and in consideration, the City agrees to pay to the Vendor for the performance required by this Agreement and as specified in the Bidding Documents, and the Vendor will accept in full compensation therefore, the payment of monies at the rate set forth in the Vendor s Bid for all Concealable Soft Body Armor, payment thereof to be made in cash or its equivalent and in the manner provided herein. The Unit Price set out in the Bid shall include the delivery of the Concealable Soft Body Armor. The Vendor shall submit invoices for payment at the time of shipment of the Concealable Soft Body Armor from the manufacturer. These invoices shall be sent to the following address: Overland Park Police Department, Attention: Lieutenant Thomas Fredrickson, Foster, Overland Park, Kansas ARTICLE 4. MISCELLANEOUS OBLIGATIONS OF CITY Designated Person. The City will designate a person to coordinate all activities with Vendor. The designated person (or a designated alternate) shall be available during all normal business hours to make decisions on behalf of the City, which shall include, but not be limited to, the approval and acceptance of all deliverable items. The designated person shall work and cooperate with Vendor, but the designated person will not be under the direction or control of Vendor and shall at no time be considered an employee or agent of Vendor. ARTICLE 5. MISCELLANEOUS OBLIGATIONS OF VENDOR Designated Person. The Vendor will designate a person to coordinate all activities with the City. This person (or a designated alternate) shall be available during all normal business hours. Vendor's Prime Responsibilities. The Vendor shall be responsible for delivery of the Concealable Soft Body Armor. Vendor will be the sole point of contact with regard to contractual matters. ARTICLE 6. BIDDING DOCUMENTS, CONTRACT DOCUMENTS AND AGREEMENT COMPLEMENTARY The Bidding Documents, Contract Documents and Agreement are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the Bidding Documents, Contract Documents and Agreement is to include all labor, materials, tools, equipment and transportation necessary for the delivery of Concealable Soft Body Armor for City employees in accordance with the Bidding Documents, Contract Documents and Agreement. The Contract Documents supersede all previous agreements and understandings A-3

23 between the parties, which previous agreements and understandings are of no further force and effect. This Agreement and the Contract Documents may not be amended or modified except by a modification as herein provided. ARTICLE 7. VENDOR'S EMPLOYEES The Vendor shall at all times enforce strict discipline and good order among its employees and shall not employ on the work any unfit person or anyone not skilled in the work assigned to him. The Vendor shall be responsible for compliance with all state and federal laws, if applicable, pertaining to wages, hours and benefits for workers employed to carry out the work. ARTICLE 8. INDEPENDENT CONTRACTOR The parties hereto agree that the services to be provided by the Vendor are being provided strictly on a contract basis. The Vendor is not and shall not be considered a part of the City and shall not be subject to the control of the City but shall be considered an independent contractor at all times. ARTICLE 9. INDEMNITY For purposes of indemnification requirements as set forth throughout in this Agreement and Contract and Bidding Documents, the following terms shall have the meanings set forth below: "The Vendor" means and includes Vendor, all of its affiliates and subsidiaries, its Sub-Vendors and materialmen and their respective servants, agents and employees; and "Loss" means any and all loss, damage, liability or expense, of any nature whatsoever, whether incurred as a judgment, settlement, penalty, fine or otherwise (including attorney's fees and the cost of defense), in connection with any action, proceeding, demand or claim, whether real or spurious, for injury, including death, to any person or persons or damages to or loss of, or loss of the use of, property of any person, firm or corporation, including the parties hereto, which arise out of or are connected with, or are claimed to arise out of or be connected with, the performance of this Agreement, whether arising before or after the completion of the performance required hereunder. The Indemnity For purposes of this Agreement, and without in any way limiting indemnification obligations that may be set forth elsewhere in the Agreement, the Vendor hereby agrees to indemnify, defend and hold harmless the City from any and all loss where loss is caused or incurred or alleged to be A-4

24 caused or incurred in whole or in part as a result of the negligence or other actionable fault of the Vendor, its employees, agents, Sub-Vendors and suppliers. It is agreed as a specific element of consideration of this Agreement that this indemnity shall apply notwithstanding the joint, concurring or contributory or comparative fault or negligence of the City or any third party and, further, notwithstanding any theory of law including, but not limited to, a characterization of the City's or any third party's joint, concurring or contributory or comparative fault or negligence as either passive or active in nature. General Limitation Nothing in this section shall be deemed to impose liability on the Vendor to indemnify the City for loss when the City's negligence or other actionable fault is the sole cause of loss. Waiver of Statutory Defenses With respect to the City's rights as set forth herein, the Vendor expressly waives all statutory defenses, including, but not limited to, those under workers compensation, contribution, comparative fault or similar statutes to the extent said defenses are inconsistent with or would defeat the purposes of this section. ARTICLE 10. DISPUTE RESOLUTION The City and the Vendor agree that disputes relative to the services shall first be addressed by negotiations between the parties. If direct negotiations fail to resolve the dispute, the party initiating the claim that is the basis for the dispute shall be free to take such steps as it deems necessary to protect its interests; provided, however, that notwithstanding any such dispute the Vendor shall proceed with the work as per the Contract Documents as if no dispute existed; and provided further that no dispute will be submitted to arbitration without the City's express written consent. ARTICLE 11. TERM AND TERMINATION Term This Agreement shall commence upon the date it is executed, and shall continue in effect for a period of one (1) year. At the expiration of the initial one (1) year term, the City shall have the option of renewing the contract for one (1) additional year. If the City intends to exercise the option to renew the contract for an additional one (1) year term, the City shall provide notice to the Vendor no later than thirty (30) days prior to the expiration of the initial term. A-5

25 Right of City to Terminate Contract. If at any time the performance of the work under this Agreement is being unnecessarily delayed, is in violation of any of the conditions or covenants of this Agreement or the specifications therefore, or is being executed in bad faith or otherwise not in accordance with the terms of said Agreement; the City may, at its option, serve written notice upon the Vendor of the violation. If the violation is not remedied within ten (10) days of the notice, the City may, at that time, notify the Vendor of its intent to terminate this Agreement, and, unless within three (3) days after the serving of such notice upon the Vendor, a satisfactory arrangement be made for the continuance thereof, this Agreement shall cease and terminate. When the Vendor's services have been so terminated, such termination shall not affect any rights or remedies of City against the Vendor then existing or which may later accrue. Similarly, any retention or payment of monies due the Vendor shall not release the Vendor from liability. The City may terminate this Agreement for its convenience and without cause or default on the part of the Vendor by providing thirty (30) days written notice of such termination to the Vendor. Any termination of the Agreement for alleged default by the Vendor that is ultimately determined to be unjustified shall automatically be deemed a termination for convenience of the City. ARTICLE 12. LAWS AND ORDINANCES The Vendor shall be fully familiar with all City, County, State and Federal laws, ordinances or regulations which would in any way control the actions or operations of those engaged in the performance of this Agreement or which would affect the materials supplied to or by them. It shall at all times observe and comply with all ordinances, laws and regulations and shall protect and indemnify and defend the City and the City's officers and agents against any claims or liability arising from or based on any violation of same. ARTICLE 13. AFFIRMATIVE ACTION/OTHER LAWS The Vendor agrees that: 1. The Vendor shall observe the provisions of the Kansas Act Against Discrimination (K.S.A et seq.) and shall not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, disability, national origin, ancestry or age; 2. In all solicitations or advertisements for employees, the Vendor shall include the phrase, "equal opportunity employer," or a similar phrase to be approved by the commission; A-6

26 3. If the Vendor fails to comply with the manner in which the Vendor reports to the commission in accordance with the provisions of K.S.A and amendments thereto, the Vendor shall be deemed to have breached the present Agreement and it may be canceled, terminated or suspended, in whole or in part, by the contracting agency; 4. If the Vendor is found guilty of a violation of the Kansas Act Against Discrimination under a decision or order of the commission which has become final, the Vendor shall be deemed to have breached the present Agreement and it may be canceled, terminated or suspended, in whole or in part, by the contracting agency; and 5. The Vendor shall include the provisions of subsections (1.) through (4.) in every subcontract or purchase order so that such provisions will be binding upon such Sub Vendor or vendor. 6. The provisions of this section shall not apply to an Agreement entered into by a Vendor: (a) (b) Who employs fewer than four employees during the term of such contract; or Whose contracts with the City cumulatively total $5,000 or less during the fiscal year of the City. The Vendor further agrees that the Vendor shall abide by the Kansas Age Discrimination In Employment Act (K.S.A et seq.) and the applicable provision of the Americans With Disabilities Act (42 U.S.C et seq.) as well as all other federal, state and local laws, ordinances and regulations applicable to this project and to furnish any certification required by any federal, state of local governmental agency in connection therewith. ARTICLE 14. FEDERAL LOBBYING ACTIVITIES 31 USCS Section 1352 requires all subgrantees, Vendors, Sub Vendors and consultants who receive federal funds via the City to certify that they will not use federal funds to pay any person for influencing or attempting to influence a federal agency or Congress in connection with the award of any federal contract, grant, loan or cooperative agreements. In addition, contract applicants, recipients and sub-recipients must file a form disclosing any expenditure they make for lobbying out of non-federal funds during the contract period. Necessary forms are available from the City Clerk and must be returned to the City with other contract documents. It is the responsibility of the general Vendor to obtain executed forms from any Sub Vendors who fall within the provisions of the Code and to provide the City with the same. A-7