HomeMy WebLinkAboutA6542 - ALDERHORST INTERNATIONAL - APPRV PURCHASE OF POLICE CANINES, TRAINING, MAINTENANCE, YEARLY CERTIFICATION CONTRACT SERVICES AGREEMENT
PROVIDING POLICE CANINE ACQUISITION AND TRAINING SERVICES
THIS CONTRACT SERVI ES AGREEMENT ( "Agreement") is entered into, and
effective on 1vhc ab , 2011, between the CITY OF PALM SPRINGS, a California
charter city and municipal corporatio , ("City") and ADLERHORST INTERNATIONAL, INC.
("Contractor"). City and Contractor are individually referred to as "Party" and are collectively
referred to as the "Parties".
RECITALS
A. City has determined that there is a need for providing police canine acquisition
and training services.
B. Contractor has submitted to City a proposal to provide police canine acquisition
and training services to City for the Project under the terms of this Agreement.
C. Contractor is qualified by virtue of its experience, training, education, reputation,
and expertise to provide these services and has agreed to provide such services as provided in
this Agreement.
D. City desires to retain Contractor to provide such contract services.
In consideration of these promises and mutual obligations, covenants, and conditions, the
Parties agree as follows:
AGREEMENT
1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Contractor agrees to perform the contract services set forth in the Scope of Services
described in Exhibit "A" (the "Services" or "Work") , which is attached and incorporated by
reference. As a material inducement to the City entering into this Agreement, Contractor
represents and warrants that Contractor is a provider of first class work and contract services and
that Contractor is experienced in performing the Work and Services contemplated and, in light of
such status and experience, Contractor covenants that it shall follow the highest contract
standards in performing the Work and Services required in this Agreement. For purposes of this
Agreement, the phrase "highest contract standards" shall mean those standards of practice
recognized as high quality among well-qualified and experienced contracts performing similar
work under similar circumstances.
1.2 Contract Documents. The Agreement between the Parties shall consist of the
following: (1) this Agreement; (2)the Scope of Services; (3) the City's Request for Proposals;
and, (4) the Contractor's signed, original proposal submitted to the City ("Contractor's
Proposal"), (collectively referred to as the "Contract Documents"). The City's Request for
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720669.1
Proposals and the Contractor's Proposal, which are both attached as Exhibits "B" and "C",
respectively, are incorporated by reference and are made a part of this Agreement. The Scope of
Services shall include the Contractor's Proposal. All provisions of the Scope of Services, the
City's Request for Proposals and the Contractor's Proposal shall be binding on the Parties.
Should any conflict or inconsistency exist in the Contract Documents, the conflict or
inconsistency shall be resolved by applying the provisions in the highest priority document,
which shall be determined in the following order of priority: (I't) the provisions of the Scope of
Services (Exhibit "A"); (2nd) the provisions of the City's Request for Proposal (Exhibit "B");
(3`d) the terms of this Agreement; and, (4"') the provisions of the Contractor's Proposal (Exhibit
:'Cl,).
1.3 Compliance with Law. Contractor warrants that all Services rendered shall be
performed in accordance with all applicable federal, state, and local laws, statutes, ordinances
lawful orders, rules, and regulations.
1.4 Licenses. Permits. Fees, and Assessments. Contractor represents and warrants
to City that it has obtained all licenses, permits, qualifications, and approvals of whatever nature
that are legally required to practice its profession and perform the Work and Services required by
this Agreement. Contractor represents and warrants to City that Contractor shall, at its sole cost
and expense, keep in effect at all times during the term of this Agreement, any license, permit,
qualification, or approval that is legally required for Contractor to perform the Work and
Services under this Agreement. Contractor shall have the sole obligation to pay for any fees,
assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and
arise from or are necessary for the Contractor's performance of the Work and Services required
by this Agreement. Contractor shall indemnify, defend, and hold harmless City against any such
fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City to the
fullest extent permitted by law.
1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that
Contractor (a) has thoroughly investigated and considered the Scope of Services to be performed,
(b) has carefully considered how the Services should be performed, and (c) fully understands the
facilities, difficulties, and restrictions attending performance of the Services under this
Agreement. If the Services involve work upon any site, Contractor warrants that Contractor has
or will investigate the site and is or will be fully acquainted with the conditions there existing,
prior to commencement of any Services. Should the Contractor discover any latent or unknown
conditions that will materially affect the performance of the Services, Contractor shall
immediately inform the City of such fact and shall not proceed except at Contractor's risk until
written instructions are received from the City.
1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the
Agreement to furnish continuous protection to the Work and the equipment, materials, papers,
documents, plans, studies, and/or other components to prevent losses or damages. Contractor
shall be responsible for all such damages, to persons or property, until acceptance of the Work by
the City, except such losses or damages as may be caused by City's own negligence.
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1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and
diligence to perform their respective obligations under this Agreement. Parties agree to act in
good faith to execute all instruments, prepare all documents, and take all actions as may be
reasonably necessary to carry out the purposes of this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance
of the Services, without invalidating this Agreement, to order extra work beyond that specified in
the Scope of Services or make changes by altering, adding to, or deducting from such Work. No
such extra work may be undertaken unless a written order is first given by the City to the
Contractor, incorporating any adjustment in (i) the Maximum Contract Amount, as defined
below, and/or (ii) the time to perform this Agreement. Any adjustments must also be approved
in writing by the Contractor. Any increase in compensation of up to twenty-five percent (25%)
of the Maximum Contract Amount or $25,000, whichever is less, or in the time to perform of up
to thirty (30) days, may be approved by the City Manager, or his designee, as may be needed to
perform any extra work. Any greater increases, occurring either separately or cumulatively,
must be approved by the Palm Springs City Council. It is expressly understood by Contractor
that the provisions of this section shall not apply to the services specifically set forth or
reasonably contemplated within the Scope of Services.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement,
Contractor shall be compensated by City in accordance with the Schedule of Compensation,
which is attached as Exhibit "D" and incorporated in this Agreement by reference. The method
of compensation shall be as set forth in Exhibit "D." Compensation for necessary expenditures
for reproduction costs, telephone expenses, and transportation expenses must be approved in
advance by the Contract Officer designated under Section 4.2 and will only be approved if such
expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount
shall include the attendance of Contractor at all Project meetings reasonably deemed necessary
by the City. Contractor shall not be entitled to any increase in the Maximum Contract Amount
for attending these meetings. Contractor accepts the risk that the services identified in the Scope
of Services may be more costly and/or time-consuming than Contractor anticipates, that
Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8
shall not be applicable to the services identified in the Scope of Services. The maximum amount
of city's payment obligation under this section is the amount specified in this Agreement. If the
City's maximum payment obligation is reached before the Contractor's Services under this
Agreement are completed, Contractor shall complete the Work and City shall not be liable for
payment beyond the Maximum Contract Amount.
2.2. Method of Payment. Unless another method of payment is specified in the
Schedule of Compensation (Exhibit "D"), in any month in which Contractor wishes to receive
payment, Contractor shall submit to the City an invoice for services rendered prior to the date of
the invoice. The invoice shall be in a form approved by the City's Finance Director and must be
submitted no later than the tenth (10) working day of such month. Such requests shall be based
upon the amount and value of the services performed by Contractor and accompanied by such
reporting data including an itemized breakdown of all costs incurred and tasks performed during
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the period covered by the invoice, as may be required by the City. City shall use reasonable
efforts to make payments to Contractor within forty-five (45) days after receipt of the invoice or
as soon as is reasonably practical. There shall be a maximum of one payment per month.
2.3 Changes in Scope. In the event any change or changes in the Scope of Services
is requested by City, Parties shall execute a written amendment to this Agreement, specifying all
proposed amendments, including, but not limited to, any additional fees. An amendment may be
entered into:
A. To provide for revisions or modifications to documents, work product, or
work, when required by the enactment or revision of any subsequent law; or
B. To provide for additional services not included in this Agreement or not
customarily furnished in accordance with generally accepted practice in Contractor's profession.
2.4 Appropriations. This Agreement is subject to and contingent upon funds being
appropriated by the City Council for each fiscal year covered by the Agreement. If such
appropriations are not made, this Agreement shall automatically terminate without penalty to the
City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement.
The time for completion of the services to be performed by Contractor is an essential condition
of this Agreement. Contractor shall prosecute regularly and diligently the Work of this
Agreement according to the asreed upon attached Schedule of Performance (Exhibit "E"),
incorporated by reference.
3.2 Schedule of Performance. Contractor shall commence the Services under this
Agreement upon receipt of a written notice to proceed and shall perform all Services within the
time period(s) established in the Schedule of Performance. When requested by Contractor,
extensions to the time period(s) specified in the Schedule of Performance may be approved in
writing by the Contract Officer, but such extensions shall not exceed one hundred eighty (180)
days cumulatively; however, the City shall not be obligated to grant such an extension.
3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for
performance of the Services rendered under this Agreement shall be extended because of any
delays due to unforeseeable causes beyond the control and without the fault or negligence of the
Contractor (financial inability excepted) if Contractor, within ten (10) days of the
commencement of such delay, notifies the Contract Officer in writing of the causes of the delay.
Unforeseeable causes include, but are not limited to, acts of God or of the public enemy,
unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots,
strikes, freight embargoes, wars, and/or acts of any governmental agency, including the City.
The City Manager shall ascertain the facts and the extent of delay, and extend the time for
performing the Services for the period of the enforced delay when and if in the judgment of the
City Manager such delay is justified. The City Manager's determination shall be final and
conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to
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720669 1
recover damages against the City for any delay in the performance of this Agreement, however
caused, Contractor's sole remedy being extension of the Agreement under this section.
3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall
commence upon the effective date of this Agreement and continue in full force and effect until
completion of the Services. However, the term shall not exceed five (5) years from the
commencement date, except as otherwise provided in the Schedule of Performance described in
Section 3.2 above. Any extension must be through mutual written agreement of the Parties.
3.5 Termination Prior to Expiration of Term. City may terminate this Agreement
for its convenience at any time, without cause, in whole or in part, upon giving Contractor thirty
(30) days written notice. Where termination is due to the fault of Contractor and constitutes an
immediate danger to health, safety, and general welfare, the period of notice shall be such shorter
time as may be determined by the City. Upon such notice, City shall pay Contractor for Services
performed through the date of termination. Upon receipt of such notice, Contractor shall
immediately cease all work under this Agreement, unless stated otherwise in the notice or by
written authorization of the Contract Officer. After such notice. Contractor shall have no further
claims against the City under this Agreement. Upon termination of the Agreement under this
section, Contractor shall submit to the City an invoice for work and services performed prior to
the date of termination. Contractor may terminate this Agreement, with or without cause, upon
sixty (60) days written notice to the City, except that where termination is due to material default
by the City, the period of notice may be such shorter time as the Contractor may determine.
4. COORDINATION OF WORK
4.1 Representative of Contractor. The following principal of Contractor is
designated as being the principal and representative of Contractor authorized to act in its behalf
and make all decisions with respect to the Services to be performed under this Agreement: David
Reaver, President. It is expressly understood that the experience, knowledge, education,
capability, expertise, and reputation of the foregoing principal is a substantial inducement for
City to enter into this Agreement. Therefore, the foregoing principal shall be responsible during
the term of this Agreement for directing all activities of Contractor and devoting sufficient time
to personally supervise the services performed hereunder. The foregoing principal may not be
changed by Contractor without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her
designee ("Contract Officer"). Contractor shall be responsible for keeping the Contract Officer
fully informed of the progress of the performance of the services. Contractor shall refer any
decisions that must be made by City to the Contract Officer. Unless otherwise specified, any
approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience,
knowledge, capability, expertise, and reputation of Contractor, its principals and employees,
were a substantial inducement for City to enter into this Agreement. Therefore, Contractor shall
not assign full or partial performance of this Agreement, nor any monies due, voluntarily or by
operation of law, without the prior written consent of City. Contractor shall not contract with
any other entity to perform the Services required under this Agreement without the prior written
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consent of City. If Contractor is permitted to subcontract any part of this Agreement by City,
Contractor shall be responsible to City for the acts and omissions of its subcontractor(s) in the
same manner as it is for persons directly employed. Nothing contained in this Agreement shall
create any contractual relationships between any subcontractor and City. All persons engaged in
the Work will be considered employees of Contractor. City will deal directly with and will make
all payments to Contractor. In addition, neither this Agreement nor any interest in this
Agreement may be transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or
by operation of law, whether for the benefit of creditors or otherwise, without the prior written
consent of City. Transfers restricted in this Agreement shall include the transfer to any person or
group of persons acting in concert of more than twenty five percent (25%) of the present
ownership and/or control of Contractor, taking all transfers into account on a cumulative basis.
In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release Contractor or any surety of
Contractor from any liability under this Agreement without the express written consent of City.
4.4 Independent Contractor. The legal relationship between the Parties is that of an
independent contractor, and nothing shall be deemed to make Contractor a City employee.
A. During the performance of this Agreement, Contractor and its officers,
employees, and agents shall act in an independent capacity and shall not act or represent
themselves as City officers or employees. The personnel performing the Services under this
Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction
and control. Neither City nor any of its officers, employees, or agents shall have control over the
conduct of Contractor or any of its officers, employees, or agents, except as set forth in this
Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any
other type of fixed business location at City's offices. City shall have no voice in the selection,
discharge, supervision, or control of Contractor's employees, servants, representatives, or agents,
or in fixing their number, compensation, or hours of service. Contractor shall pay all wages,
salaries, and other amounts due its employees in connection with this Agreement and shall be
responsible for all reports and obligations respecting them, including but not limited to social
security income tax withholding, unemployment compensation, workers' compensation, and
other similar matters. City shall not in any way or for any purpose be deemed to be a partner of
Contractor in its business or otherwise a joint venturer or a member of any joint enterprise with
Contractor.
B. Contractor shall not have any authority to bind City in any manner. This
includes the power to incur any debt, obligation, or liability against City.
C. No City benefits shall be available to Contractor, its officers, employees,
or agents in connection with any performance under this Agreement. Except for contract fees
paid to Contractor as provided for in this Agreement, City shall not pay salaries, wages, or other
compensation to Contractor for the performance of Services under this Agreement. City shall
not be liable for compensation or indemnification to Contractor, its officers, employees, or
agents, for injury or sickness arising out of performing Services. If for any reason any court or
governmental agency determines that the City has financial obligations, other than under Section
2 and Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of
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720669.1
Contractor's officers, employees, servants, representatives, subcontractors, or agents, Contractor
shall indemnify City for all such financial obligations.
5. INSURANCE
5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and
expense, the insurance described below. The insurance shall be for the duration of this
Agreement and includes any extensions, unless otherwise specified in this Agreement. The
insurance shall be procured in a form and content satisfactory to City. The insurance shall apply
against claims which may arise from the Contractor's performance of Work under this
Agreement, including Contractor's agents, representatives, or employees. In the event the City
Manager determines that the Work or Services to be performed under this Agreement creates an
increased or decreased risk of loss to the City, the Contractor agrees that the minimum limits of
the insurance policies may be changed accordingly upon receipt of written notice from the City
Manager or his designee. Contractor shall immediately substitute any insurer whose A.M. Best
rating drops below the levels specified in this Agreement. Except as otherwise authorized below
for contract liability (errors and omissions) insurance, all insurance provided under this
Agreement shall be on an occurrence basis. The minimum amount of insurance required shall be
as follows:
A. Waived F4rRr-g a- a n.,,a..sieHs n,..,._.,..e, Contractor shall obtain and
maintain in full force and effect throughout the term of this Agreement, standard industry form
contract liability (errors and omissions) insurance coverage in an amount of not less than one
million dollars ($1,000,000.00) per occurrence and two-million dollars ($2,000,000.00) annual
aggregate, in accordance with the provisions of this section.
(1) Contractor shall either: (a) certify in writing to the City that
Contractor is unaware of any contract liability claims made against Contractor and is unaware of
any facts which may lead to such a claim against Contractor; or (b) if Contractor does not
provide the certification under (a), Contractor shall procure from the contract liability insurer an
endorsement providing that the required limits of the policy shall apply separately to claims
arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the
policy shall be continued in full force and effect at all times during the term of this Agreement,
and for a period of three (3) years from the date of the completion of the Services provided
hereunder. In the event of termination of the policy during this period, Contractor shall obtain
continuing insurance coverage for the prior acts or omissions of Contractor during the course of
performing Services under the terms of this Agreement. The coverage shall be evidenced by
either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail"
coverage with the present or new carrier or other insurance arrangements providing for complete
coverage, either of which shall be subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an "occurrence"
basis, the policy shall be continued in full force and effect during the term of this Agreement, or
until completion of the Services provided for in this Agreement, whichever is later. In the event
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720669.l
of termination of the policy during this period, new coverage shall immediately be obtained to
ensure coverage during the entire course of performing the Services under the terms of this
Agreement.
B. Workers' Compensation Insurance. Contractor shall obtain and maintain,
in full force and effect throughout the term of this Agreement, workers' compensation insurance
in at least the minimum statutory amounts, and in compliance with all other statutory,
requirements, as required by the State of California. Contractor agrees to waive and obtain
endorsements from its workers' compensation insurer waiving subrogation rights under its
workers' compensation insurance policy against the City and to require each of its
subcontractors, if any, to do likewise under their workers' compensation insurance policies. If
Contractor has no employees, Contractor shall complete the City's Request for Waiver of
Workers' Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Contractor shall obtain and
maintain, in full force and effect throughout the term of this Agreement, a policy of commercial
general liability insurance written on a per occurrence basis with a combined single limit of at
least one million dollars ($1,000,000.00) and two million dollars ($2,000,000.00) general
aggregate for bodily injury and property damage including coverages for contractual liability,
personal injury, independent contractors, broad form property damage, products and completed
operations.
D. Business Automobile Insurance. Contractor shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of business automobile
liability insurance written on a per occurrence basis with a single limit liability in the amount of
one million dollars ($1,000,000.00) bodily injury and property damage. The policy shall include
coverage for owned, non-owned, leased, and hired cars.
E. Emplover Liability Insurance. Contractor shall obtain and maintain, in
full force and effect throughout the term of this Agreement, a policy of employer liability
insurance written on a per occurrence basis with a policy limit of at least one million dollars
($1,000,000.00) for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured
retentions must be declared to and approved by the City Manager or his/her designee prior to
commencing any work or services under this Agreement. Contractor guarantees payment of all
deductibles and self-insured retentions. City reserves the right to reject deductibles or self-
insured retentions in excess of $10,000, and the City Manager or his/her designee may require
evidence of pending claims and claims history as well as evidence of Contractor's ability to pay
claims for all deductible amounts and self-insured retentions proposed in excess of$10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the
insurance policies required of Contractor under this Agreement:
5.1.1 For any claims related to this Agreement, Contractor's coverage shall be
primary insurance with respect to the City and its officers, council
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710669.1
members, officials, employees, agents, and volunteers. Any insurance or
self-insurance maintained by the City and its officers, council members,
officials, employees, agents, and volunteers shall be in excess of
Contractors insurance and shall not contribute with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies,
including breaches of warranties, shall not affect coverage provided to
City and its officers, council members, officials, employees, agents, and
volunteers.
5.3.3 All insurance coverage and limits provided by Contractor and available or
applicable to this Agreement are intended to apply to each insured,
including additional insureds, against whom a claim is made or suit is
brought to the full extent of the policies. Nothing contained in this
Agreement or any other agreement relating to the City or its operations
shall limit the application of such insurance coverage.
5.3.4 No required insurance coverages may include any limiting endorsement
which substantially impairs the coverages set forth in this Agreement(e.g.,
elimination of contractual liability or reduction of discovery period),
unless the endorsement has first been submitted to the City Manager and
approved in writing.
5.3.5 Contractor agrees to require its insurer to modify insurance endorsements
to delete any exculpatory wording stating that failure of the insurer to mail
written notice of cancellation imposes no obligation, or that any party will
"endeavor" (as opposed to being required) to comply with the
requirements of the endorsements. Certificates of insurance will not be
accepted in lieu of required endorsements, and submittal of certificates
without required endorsements may delay commencement of the Project.
It is Contractor's obligation to ensure timely compliance with all insurance
submittal requirements as provided in this Agreement.
5.3.6 Contractor agrees to ensure that subcontractors, and any other parties
involved with the Project who are brought onto or invoked in the Project
by Contractor, provide the same minimum insurance coverage required of
Contractor. Contractor agrees to monitor and review all such coverage
and assumes all responsibility for ensuring that such coverage is provided
in conformity with the requirements of this section. Contractor agrees that
upon request, all agreements with subcontractors and others engaged in
the Project will be submitted to the City for review.
5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on
the part of the City to inform Contractor of non-compliance with any
insurance requirement in no way imposes any additional obligations on the
City nor does it waive any rights in this or any other regard.
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720669.1
5.3.8 Contractor shall provide proof that policies of insurance required in this
Agreement, expiring during the term of this Agreement, have been
renewed or replaced with other policies providing at least the same
coverage. Proof that such coverage has been ordered shall be submitted
prior to expiration. Endorsements as required in this Agreement
applicable to the renewing or new coverage shall be provided to City no
later than ten (10) days prior to expiration of the lapsing coverage.
5.3.9 Requirements of specific insurance coverage features or limits contained
in this section are not intended as limitations on coverage, limits, or other
requirements, or as a waiver of any coverage normally provided by any
given policy. Specific reference to a given coverage feature is for
purposes of clarification only as it pertains to a given issue, and is not
intended by any party or insured to be limiting or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and
provisions of this Agreement to the extent that any other section or
provision conflicts with or impair the provisions of this section.
5.3.11 Contractor agrees to provide immediate notice to City of any claim or loss
against Contractor arising out of the Work performed under this
Agreement and for any other claim or loss which may reduce the
insurance available to pay claims arising out of this Agreement. City
assumes no obligation or liability by such notice, but has the right (but not
the duty) to monitor the handling of any such claim or claims if they are
likely to involve City, or to reduce or dilute insurance available for
payment of potential claims.
5.3.12 Contractor agrees that the provisions of this section shall not be construed
as limiting in any way the extent to which the Contractor may be held
responsible for the payment of damages resulting from the Contractor's
activities or the activities of any person or person for which the Contractor
is otherwise responsible.
5.4 Sufficienev of Insurers. Insurance required in this Agreement shall be provided
by authorized insurers in good standing with the State of California. Coverage shall be provided
by insurers admitted in the State of California with an A.M. Best's Key Rating of B++, Class
VII, or better, unless such requirements are waived in writing by the City Manager or his
designee due to unique circumstances.
5.5 Verification of Coverage. Contractor shall furnish City with both certificates of
insurance and endorsements, including additional insured endorsements, affecting all of the
coverages required by this Agreement. The certificates and endorsements are to be signed by a
person authorized by that insurer to bind coverage on its behalf. All proof of insurance is to be
received and approved by the City before work commences. City reserves the right to require
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720669.1
Contractor's insurers to provide complete, certified copies of all required insurance policies at
any time. Additional insured endorsements are not required for Errors and Omissions and
Workers' Compensation policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or
Auto Liability Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of
Liability Insurance Coverage with an approved Additional Insured Endorsement with the
following endorsements stated on the certificate:
1. "The City of Palm Springs, its officials, employees, and agents are named as an
additional insured... " ("as respects City of Palm Springs Contract No. " or "for any and all
workperformed with the City"may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-
insurance the City may have..." ("as respects City of Palm Springs Contract No. " or 'for any
and all work performed with the City" may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration
date thereof, the issuing company will mail 30 days written notice to the Certificate Holder
named." Language such as, "endeavor to" mail and "but failure to mail such notice shall impose
no obligation or liability of any kind upon the company, its agents or representative" is not
acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall contain
the insurer's waiver of subrogation in favor of City, its elected officials, officers, employees,
agents, and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the
certificate holder on the policies. All certificates of insurance and endorsements are to be
received and approved by the City before work commences. All certificates of insurance must
be authorized by a person with authority to bind coverage, whether that is the authorized
agent/broker or insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Contractor's obligation to provide them.
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720669A
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by
law, Contractor shall defend (at Contractor's sole cost and expense), indemnify, protect, and hold
harmless City, its elected officials, officers, employees, agents, and volunteers (collectively the
"Indemnified Parties"), from and against any and all liabilities, actions, suits, claims, demands,
losses, costs, judgments, arbitration awards, settlements, damages, demands, orders, penalties,
and expenses including legal costs and attorney fees (collectively "Claims"), including but not
limited to Claims arising from injuries to or death of persons (Contractor's employees included),
for damage to property, including property owned by City, from any violation of any federal,
state, or local law or ordinance, and from errors and omissions committed by Contractor, its
officers, employees, representatives, and agents, that arise out of or relate to Contractor's
performance under this Agreement. This indemnification clause excludes Claims arising from
the sole negligence or willful misconduct of the City, its elected officials, officers, employees,
agents, and volunteers. Under no circumstances shall the insurance requirements and limits set
forth in this Agreement be construed to limit Contractor's indemnification obligation or other
liability under this Agreement. Contractor's indemnification obligation shall survive the
expiration or earlier termination of this Agreement until all actions against the Indemnified
Parties for such matters indemnified are fully and finally barred by the applicable statute of
limitations or, if an action is timely filed, until such action is final. This provision is intended for
the benefit of third party Indemnified Parties not otherwise a party to this Agreement.
6.2 (Waived) . If the
Agreement is determined to be a "design contract services agreement" and Contractor is a
"design contract" under California Civil Code Section 2782.8, then:
A. To the fullest extent permitted by law, Contractor shall indemnify, defend
(at Contractor's sole cost and expense), protect and hold harmless City and its elected officials,
officers, employees, agents and volunteers and all other public agencies whose approval of the
project is required, (individually "Indemnified Party'; collectively "Indemnified Parties") against
any and all liabilities, claims,judgments, arbitration awards, settlements, costs, demands, orders
and penalties (collectively "Claims"), including but not limited to Claims arising from injuries or
death of persons (Contractor's employees included) and damage to property, which Claims arise
out of, pertain to, or are related to the negligence, recklessness or willful misconduct of
Contractor, its agents, employees, or subcontractors, or arise from Contractor's negligent,
reckless or willful performance of or failure to perform any term, provision, covenant or
condition of this Agreement ("Indemnified Claims"), but Contractor's liability for Indemnified
Claims shall be reduced to the extent such Claims arise from the negligence, recklessness or
willful misconduct of the City and its elected officials, officers, employees, agents and
volunteers.
B. The Contractor shall require all non-design-contract sub-contractors, used
or sub-contracted by Contractor to perform the Services or Work required under this Agreement,
to execute an Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in
favor of the Indemnified Parties. In addition, Contractor shall require all non-design-contract
sub-contractors, used or sub-contracted by Contractor to perform the Services or Work required
under this Agreement, to obtain insurance that is consistent with the Insurance provisions as set
12 Revised: 6/16/10
720669.1
forth in this Agreement, as well as any other insurance that may be required by Contract Officer.
7. REPORTS AND RECORDS
7.1 Accounting Records. Contractor shall keep complete, accurate, and detailed
accounts of all time, costs, expenses, and expenditures pertaining in any way to this Agreement.
Contractor shall keep such books and records as shall be necessary to properly perform the
Services required by this Agreement and to enable the Contract Officer to evaluate the
performance of such Services. The Contract Officer shall have full and free access to such books
and records at all reasonable times, including the right to inspect, copy, audit, and make records
and transcripts from such records.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer
such reports concerning the performance of the Services required by this Agreement, or as the
Contract Officer shall require. Contractor acknowledges that the City is greatly concerned about
the cost of the Work and Services to be performed under this Agreement. For this reason,
Contractor agrees that Contractor shall promptly notify the Contract Officer the estimated
increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques,
or events that may or will materially increase or decrease the cost of the contemplated Work or
Services. If Contractor is providing design services, Contractor shall promptly notify the
Contract Officer the estimated increased or decreased cost for the project being designed if
Contractor becomes aware of any facts, circumstances, techniques, or events that may or will
materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records,
documents, memoranda, correspondence, computations, and other materials prepared by
Contractor, its employees, subcontractors, and agents in the performance of this Agreement shall be the property of City and shall be promptly delivered to City upon request of the Contract
Officer or upon the termination of this Agreement. Contractor shall have no claim for further
employment or additional compensation as a result of the exercise by City of its full rights of
ownership of the documents and materials. Any use of such completed documents for other
projects and/or use of incomplete documents without specific written authorization by the
Contractor will be at the City's sole risk and without liability to Contractor, and the City shall
indemnify the Contractor for all resulting damages. Contractor may retain copies of such
documents for their own use. Contractor shall have an unrestricted right to use the concepts
embodied tin this Agreement. Contractor shall ensure that all its subcontractors shall provide for
assignment to City of any documents or materials prepared by them. In the event Contractor
fails to secure such assignment, Contractor shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records,
documents, and other materials prepared by Contractor in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract
Officer. All information gained by Contractor in the performance of this Agreement shall be
considered confidential and shall not be released by Contractor without City's prior written
authorization.
13 Revised: 6/16/10
720669.1
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during
the regular business hours of City, Contractor shall provide City, or other agents of City, such
access to Contractor's books, records, payroll documents, and facilities as City deems necessary
to examine, copy, audit, and inspect all accounting books, records, work data, documents, and
activities directly related to Contractor's performance under this Agreement. Contractor shall
maintain such books, records, data, and documents in accordance with generally accepted
accounting principles and shall clearly identify and make such items readily accessible to such
parties during the term of this Agreement and for a period of three (3) years from the date of
final payment by City hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted
both as to validity and as to performance of the Parties in accordance with the laws of the State
of California. Legal actions concerning any dispute, claim, or matter arising out of or in relation
to this Agreement shall be instituted in the Superior Court of the County of Riverside, State of
California, or any other appropriate court in such County, and Contractor covenants and agrees
to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed as a whole according to its
fair language and common meaning to achieve the objectives and purposes of the Parties. The
terms of this Agreement are contractual and the result of negotiation between the Parties.
Accordingly, any rule of construction of contracts (including, without limitation, California Civil
Code Section 1654) that ambiguities are to be construed against the drafting party, shall not be
employed in the interpretation of this Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and shall
not be deemed to limit, expand, or define the contents of the respective sections or paragraphs.
8.3 Default of Contractor. Contractors failure to comply with any provision of this
Agreement shall constitute a default.
A. If the City Manager, or his designee, determines that Contractor is in
default in the performance of any of the terms or conditions of this Agreement, he/she shall
notify Contractor in writing of such default. Contractor shall have ten (10) days, or such longer
period as City may designate, to cure the default by rendering satisfactory performance. In the
event Contractor fails to cure its default within such period of time, City shall have the right,
notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice of any remedy to which City may be entitled at law, in
equity, or under this Agreement. Contractor shall be liable for all reasonable costs incurred by
City as a result of such default. Compliance with the provisions of this section shall not
constitute a waiver of any City right to take legal action in the event that the dispute is not cured,
provided that nothing shall limit City's right to terminate this Agreement without cause tinder
Section 3.5.
B. If termination is due to the failure of the Contractor to fulfill its
obligations under this Agreement, City may, after compliance with the provisions of Section
14 Revised: 6/16/10
720669.1
83A, take over the work and prosecute the same to completion by contract or otherwise. The
Contractor shall be liable to the extent that the total cost for completion of the Services required
hereunder exceeds the Maximum Contract Amount (provided that the City shall use reasonable
efforts to mitigate such damages). The City may withhold any payments to the Contractor for
the purpose of set-off or partial payment of the amounts owed the City as previously stated. The
withholding or failure to withhold payments to Contractor shall not limit Contractor's liability
for completion of the Services as provided in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless
in writing and signed by a duly authorized representative of the Parry against whom enforcement
of a waiver is sought. Any waiver by the Parties of any default or breach of any covenant,
condition, or term contained in this Agreement, shall not be construed to be a waiver of any
subsequent or other default or breach, nor shall failure by the Parties to require exact, full, and
complete compliance with any of the covenant's, conditions, or terms contained in this
Agreement be construed as changing the terms of this Agreement in any manner or preventing
the Parties from enforcing the full provisions.
8.5 Rights and Remedies Cumulative. Except with respect to rights and remedies
expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are
cumulative and the exercise by either Party of one or more of such rights or remedies shall not
preclude the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take
legal action, in law or in equity, to cure, correct, remedy or recover damages for any default, to
compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to
obtain any other remedy consistent with the purposes of this Agreement.
8.7 Attornev Fees. In the event any dispute between the Parties with respect to this
Agreement results in litigation or any non-judicial proceeding, the prevailing Party shall be
entitled, in addition to such other relief as may be granted, to recover from the non-prevailing
Party all reasonable costs and expenses. These include but are not limited to reasonable attorney
fees, expert Contractor fees, court costs and all fees, costs, and expenses incurred in any appeal
or in collection of any judgment entered in such proceeding. To the extent authorized by law, in
the event of a dismissal by the plaintiff or petitioner of the litigation or non judicial proceeding
within thirty (30) days of the date set for trial or hearing, the other Party shall be deemed to be
the prevailing Party in such litigation or proceeding.
15 Revised: 6/16/10
720669A
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of Citv Officers and Employees. No officer or employee of the
City shall be personally liable to the Contractor, or any successor-in-interest, in the event of any
default or breach by the City or for any amount which may become due to the Contractor or to its
successor, or for breach of any obligation of the terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any direct or
indirect financial interest in this Agreement nor shall any such officer or employee participate in
any decision relating to the Agreement which effects their financial interest or the financial
interest of any corporation, partnership, or association in which he/she is, directly or indirectly,
interested in violation of any state statute or regulation. Contractor warrants that Contractor has
not paid or given, and will not pay or give, any third party any money or other consideration in
exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under
this Agreement, Contractor shall not discriminate against any employee or applicant for
employment because of race, religion, color, sex, age, marital status, ancestry, or national origin.
Contractor shall ensure that applicants are employed, and that employees are treated during their
employment, without regard to their race, religion, color, sex, age, marital status, ancestry, or
national origin. Such actions shall include, but not be limited to, the following: employment,
upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination;
rates of pay or other forms of compensation; and selection for training, including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. To the fullest extent permissible under
law, and in lieu of any other warranty by City or Contractor against patent or copyright
infringement, statutory or otherwise:
A. It is agreed that Contractor shall defend at its expense any claim or suit
against City on account of any allegation that any item furnished under this Agreement, or the
normal use or sale arising out of the performance of this Agreement, infringes upon any
presently existing U.S. letters patent or copyright and Contractor shall pay all costs and damages
finally awarded in any such suit or claim, provided that Contractor is promptly notified in writing
of the suit or claim and given authority, information and assistance at Contractor's expense for
the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the
negligence, recklessness or willful misconduct of Contractor. However, Contractor will not
indemnify City if the suit or claim results from: (1) City's alteration of a deliverable, such that
City's alteration of such deliverable created the infringement upon any presently existing U.S.
letters patent or copyright; or (2) the use of a deliverable in combination with other material not
provided by Contractor when it is such use in combination which infringes upon an existing U.S.
letters patent or copyright.
B. Contractor shall have sole control of the defense of any such claim or suit
and all negotiations for settlement in the event City fails to cooperate in the defense of any suit or
16 Revised: 6/16/10
720669.1
claim, provided, however, that such defense shall be at Contractor's expense. Contractor shall
not be obligated to indemnify City under any settlement that is made without Contractor's
consent, which shall not be unreasonably withheld. If the use or sale of such item is enjoined as
a result of the suit or claim, Contractor, at no expense to City, shall obtain for City the right to
use and sell the item, or shall substitute an equivalent item acceptable to City and extend this
patent and copyright indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that
either party desires, or is required to give to the other party or any other person shall be in
writing. All notices shall be personally delivered, sent by pre-paid First Class U.S. Mail,
registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by
facsimile with attached evidence of completed transmission. All notices shall be deemed
received upon the earlier of(i) the date of delivery to the address of the person to receive such
notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days
after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by
facsimile. Any notice, request, demand, direction, or other communication sent by facsimile
must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of
electronic transmission such as e-mails, text messages, and instant messages are not acceptable
manners of notice required hereunder. Notices or other communications shall be addressed as
follows:
To Ci City of Palm Springs
Attention: City Manager & City Clerk
3200 E. Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760) 323-8204
Facsimile: (760) 323-8332
To Contractor: Adlerhorst International, Inc.
3951 Vernon Avenue
Jurupa Valley, CA 92509
Attention: David Reaver, President
Telephone: 951-685-2430
Facsimile: 951-685-3630
10.3 Integrated Agreement. This Agreement constitutes the entire agreement
between the Parties and supersedes all prior negotiations, arrangements, agreements,
representations, and understandings, if any, made by or among the Parties with respect to the
subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be
binding unless through written agreement by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be
interpreted in such a manner as to be effective and valid under applicable law. If any provision
of this Agreement shall be determined to be invalid by a final judgment or decree of a court of
competent jurisdiction, such provision shall be ineffective only to the extent of such prohibition
17 Revised: 6/16/10
720669A
or invalidity, without invalidating the reminder of that provision, or the remaining provisions of
this Agreement unless the invalid provision is so material that its invalidity deprives either Party
of the basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the
benefit of the Parties' successors and assignees.
10.6 Third Party Beneficiary. Except as may be expressly provided for in this
Agreement, nothing contained in this Agreement is intended to confer, nor shall this Agreement
be construed as conferring, any rights, including, without limitation, any rights as a third-party
beneficiary or otherwise, upon any entity or person not a party to this Agreement.
10.7 Recitals. The above-referenced Recitals are hereby incorporated into the
Agreement as though fully set forth in this Agreement and each Party acknowledges and agrees
that such Party is bound, for purposes of this Agreement, by the same.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i)
the Party for which he or she is executing this Agreement is duly authorized and existing, (ii) he
or she is duly authorized to execute and deliver this Agreement on behalf of the Party for which
he or she is signing, (iii) by so executing this Agreement, the Party for which he or she is signing
is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement
does not violate any provision of any other Agreement to which the Party for which he or she is
signing is bound.
18 Revised: 6/16/10
720669.1
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates stated
below.
"CITY"
City of Palm Springs
Date: L,a -
David H. Ready
City Manager PROVED BY CITY COUI
APPROVED AS TO FORM: ATTEST
By: �;y
Dou- a olland, James Thompson,
City Attorney City Clerk
APPROVED BY CITY COUNCIL:
Date: Agreement No.
Corporations require two notarized signatures. One signature must be from Chairman of Board, President,or any Vice President. The
second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer.
CONTRACTOR NAME:
Check Individual PartnershiPxCorporation
Address
By R13 OG yr B,
Sigt t r Notarized) Sid e(Notarized)
19 Revised: 6/16/10
720669.t
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On before me, ////1 YI VI 6f /; t �LU P. �l �
pap rt^� ,tom Here+nsarl Nara aria iU W cp
personally appeared L iD t)
Nrmial of 5gnet(sl who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s))eare subscribed to the
within instrument and acknowledged to me that
haist>aJthey executed the same in hisAwitheir authorized
capacity(ies),and that by hiLJbiadtheir signatuie(s) on the
MONNA M. LOWE instrument the person(s), or the entity upon behalf of
Commission #2000925 9 which the person(s)acted,executed the instrument.
i .'� Notary Public -California i
z Riverside County I certify under PENALTY OF PERJURY under the laws
My Comm.Expires Jan 10,2017 of the State of California that the foregoing paragraph is
true and correct-
WITN��/and and official seal
e /�//
Signatur --
62c@UOt'vySP: PWS S.y aWTC NcNry FLbk`.
OPTIONAL
Through the lnterrna6m below is not required by lax;ft may prove valuable to perecns relying or,the dovurrtenl
and could prevent fmvoulent removal and reattachment of Nus form to another document.
Description of Attached Docurnerit
Title or Type of Dooumen?
Document Date:��-" 1�- oZC' /T _____.... _Number of Pages: ____...
Slgner(s)Other Than Named Above: [ ._
Capecity(ies)Claimed by Signer(s)
Signer's Name: ba ( b X7f Q l�l�Y' Signer's Name:
Individual /� C-'•••Individual
Corporate Officer—Title(s): �62-4i G4 (,Corporate Officer—Tide(s):
Partner—Ll Limited ❑General _ _ G Partner Limited I_General _
u Attomey,in Fact I-Attemey in Fact
Li Trustee rpp o<,mu m Mere a Trustee i am of tnv�m note
47 Guardian or Conservator ❑Guardian or Conservator i
❑ Other- 'IC Other:
Sher Is Representing: Signer Is Representing:
ae�m Nsumal Nasry/.ssaibbn•33ti0 Ca SCu A.x,t:a&x2:t2•fkatavx7h.CA 9i:51&28�•xw:.NntiorxWotarycry Hem Y39D] ResctCaBTtli.Freei-2DtrMr-eS2]
20 Revised: 6/16/10
720669.t
EXHIBIT "A"
SCOPE OF SERVICES
3.1 (A) Qualifications: Canine(s) provided to City shall:
• Be German Shepherd or Malinois for K-9 Patrol; Be a Labrador or suitable breed,
agreed upon by the City, for explosive detection.
• Be between eighteen (18) and thirty six (36) months of age at the time of delivery to the
City;
• Be in sound health; size and weight proportionate, free from any congenital
defects; free of damage or broken teeth; free of disease and parasites; free of hip
dysplasia;
• Not have a cropped or stump tail;
• Not have an undershot bite;
• Be social and of sound temperament; possess confidence in new environments:
and hunting drive for police work;
• Have sufficient previous training in obedience, agility, tracking, building and area
searches, handler protection and apprehension for the purpose intended for the City.
3.2 (B) Canine Training Requirements shall include:
• Provide evaluations and training on a biweekly basis.
• 24 training sessions per team, per year, of which at minimum 12 of the sessions for each
team shall be held in the Coachella Valley.
• 24-hour emergency assistance as needed at no additional charge.
• Minor remedial training at the academy when necessary.
• Unlimited training assistance via telephone or email as needed at no additional charge.
• K-9 Administrator training whenever necessary at the academy or the department.
• Access to the academy for training.
• Discounts on special seminars and competitions.
• Timely handouts and researched K-9 issues that include training, liability, tactics and
other related issues.
3.3 Vendor will provide a trainer/evaluator twice a month for K-9 team training and
evaluation. Vendor will also train employees that Palm Springs Police Department provides to
act as decoys and actors.
3.4 Twice a month Vendor will evaluate each team's ability to effectively carry out its duties
as a Patrol/Narcotics/Explosive team. The trainer/evaluator will also review the month's activities
and review departmental polices and state and federal laws (civil and criminal) in regard to
police K-9's and explosive detective dogs. If a team is found to be ineffective or is unable to
perform at a minimum standard, training will be set up to correct the issue. Training will also be
established to advance the team's usefulness in the field.
21
3.5 Final acceptance by the City of the canine training is dependent upon successful
certification testing. This testing will be conducted after the training courses are completed and
the canines achieve certification and comply with the Palm Springs Police Department K-9
standards.
3.6 Prior to delivery to City, Vendor shall arrange for the canine to be examined by a
licensed veterinarian. Results and findings documentation shall be provided to the City's K-9
Unit Supervisor upon delivery.
3.7 On an annual basis each Patrol or Explosive detection team will be tested using the
Vendor standard and California Police Office Standard and Training "Voluntary Standards".
Each team will also receive advance training in the team's particular discipline. Upon
satisfactory result the team will receive a certificate signifying passage of both standards.
3.8 The Vendor shall warrant that the canine provided is in good health, physically fit and
free of communicable diseases at the time of final acceptance. Additionally, the Vendor
shall replace, at no cost to the City, any canine that develops a health issue that disqualifies it
from its police duties within the first year after the final acceptance by the City. The City
reserves the right to have any canine proposed by the Vendor examined by a licensed
veterinarian of the City's choosing prior to acceptance or at any time during the one year health
warranty period. (City will pay all veterinarian fees for such exams). If a canine fails the
examination, the City, with a written statement from the veterinarian, may return the canine to
the Vendor for (1) a full refund of City costs for the canine and basic patrol K-9 training, or (2)
replacement at no cost to the City with an acceptable canine.
22
EXHIBIT "B"
CITY OF PALM SPRINGS, CA
REQUEST FOR PROPOSALS (RFP) 09-14
For
PROVIDING POLICE CANINE(S) ACQUISITION AND TRAINING SERVICES
Requests for Proposals (RFP 09-14), for Providing Police Canine(s) Acquisition and Training
Services related to the for the City of Palm Springs, CA, (hereinafter the "RFP") will be received
at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs,
California, until 3:00 P.M. LOCAL TIME, THURSDAY, JANUARY 09, 2014. It is the
responsibility of the respondent to see that any proposal sent through the mail, or by any other
delivery method, shall have sufficient time to be received by this specified date and time. The
receivingtime in the Procurement Office will be the governing time for acceptability of
9 9 P y
proposals. Telegraphic, telephonic, faxed or emailed proposals will not be accepted. Late
proposals will be returned unopened. Failure to register as a Proposer to this RFP process per
the instructions in the Notice Inviting Requests for Proposals (under "Obtaining RFP
Documents') may result in not receiving Addenda or other important information pertaining to
this process. Failure to acknowledge Addenda may render a proposal as being non-responsive.
We strongly advise that interested firms officially register per the instructions.
1.0 PURPOSE AND SCHEDULE:
The vendor will provide police canine(s) of the necessary physical traits and health and the
necessary psychological temperament for police patrol and/or explosive detection. The vendor
will provide academy training services necessary to condition the canine(s) for police patrol or
bomb detection via achievement of P.O.S.T. certification and City of Palm Springs Police
Department standards: as well as Monthly Maintenance training and Yearly Certifications for up
to five (5) canines with all necessary materials and equipment.
SCHEDULE:
Notice requesting Proposals posted and issued ............................................December 04, 2013
Deadline for receipt of Questions................................. Thursday, January 02, 2014 3:00 P.M.
Deadline for receipt of Proposals ................................. Thursday, January 09. 2014 3:00 P.M.
Short List/ Interviews/, *if desired by City ......................................................... to be determined
Contract awarded by City Council ..................................................................... to be determined
NOTE: There will NOT be a pre-proposal conference for this procurement. *Dates above
are subject to change.
"KEY" TO RFP ATTACHMENTS:
ATTACHMENT "A"- Signature Authorization Form, including Addenda acknowledgment.
*Must be completed and included with Technical Proposal envelope.
ATTACHMENT "B" — Non Collusion Affidavit Form. *Must be completed and included
with Technical Proposal envelope.
ATTACHMENT "C" — Cost Proposal Form. *Must be completed and included in a
separately sealed envelope —do NOT include this with your Technical Proposal.
ATTACHMENT "D" — Sample boilerplate Contract Services Agreement (for reference
only)
2.0 BACKGROUND: The Palm Springs Police Department K-9 Unit was founded in 1980
23
with two K-9 dogs. Currently, there are four patrol officer positions assigned to the K-9 Unit. In
addition to patrol dogs, there is one bomb detection dog assigned to the Palm Springs
International Airport.
K-9 handlers are assigned to regular patrol, but are accompanied by their K-9 partners. These
officers and K-9 partners handle all facets of regular patrol work, but are also available for
specialized work such as burglary and robbery alarms, area searches, building and vehicle
searches, crowd control and apprehension of dangerous fleeing criminals. The dogs and their
handlers undergo rigorous training weekly, practicing these skills to keep them sharp.
3.0 SCOPE OF WORK, SERVICES, OBJECTIVES AND SPECIFICATIONS:
3.1 (A) Qualifications: Canine(s) provided to City shall:
• Be German Shepherd or Malinois for K-9 Patrol; Be a Labrador or suitable breed,
agreed upon by the City, for explosive detection.
• Be between eighteen (18) and thirty six (36) months of age at the time of delivery to the
City;
• Be in sound health; size and weight proportionate, free from any congenital
defects; free of damage or broken teeth; free of disease and parasites; free of hip
dysplasia;
• Not have a cropped or stump tail;
• Not have an undershot bite;
• Be social and of sound temperament; possess confidence in new environments:
and hunting drive for police work;
• Have sufficient previous training in obedience, agility, tracking, building and area
searches, handler protection and apprehension for the purpose intended for the City.
3.2 (B) Canine Training Requirements shall include:
• Provide evaluations and training on a biweekly basis.
• 24 training sessions per team, per year, of which at minimum 12 of the sessions for each
team shall be held in the Coachella Valley.
• 24-hour emergency assistance as needed at no additional charge.
• Minor remedial training at the academy when necessary.
• Unlimited training assistance via telephone or email as needed at no additional charge.
• K-9 Administrator training whenever necessary at the academy or the department.
• Access to the academy for training.
• Discounts on special seminars and competitions.
• Timely handouts and researched K-9 issues that include training, liability, tactics and
other related issues.
3.3 Vendor will provide a trainer/evaluator twice a month for K-9 team training and
evaluation. Vendor will also train employees that Palm Springs Police Department provides to
act as decoys and actors.
24
3.4 Twice a month Vendor will evaluate each team's ability to effectively carry out its duties
as a Patrol/Narcotics/Explosive team. The trainer/evaluator will also review the month's activities
and review departmental polices and state and federal laws (civil and criminal) in regard to
police K-9's and explosive detective dogs. If a team is found to be ineffective or is unable to
perform at a minimum standard, training will be set up to correct the issue. Training will also be
established to advance the team's usefulness in the field.
3.5 Final acceptance by the City of the canine training is dependent upon successful
certification testing. This testing will be conducted after the training courses are completed and
the canines achieve certification and comply with the Palm Springs Police Department K-9
standards.
3.6 Prior to delivery to City, Vendor shall arrange for the canine to be examined by a
licensed veterinarian. Results and findings documentation shall be provided to the City's K-9
Unit Supervisor upon delivery.
3.7 On an annual basis each Patrol or Explosive detection team will be tested using the
Vendor standard and California Police Office Standard and Training "Voluntary Standards".
Each team will also receive advance training in the team's particular discipline. Upon
satisfactory result the team will receive a certificate signifying passage of both standards.
3.8 The Vendor shall warrant that the canine provided is in good health, physically fit and
free of communicable diseases at the time of final acceptance. Additionally, the Vendor
shall replace, at no cost to the City, any canine that develops a health issue that disqualifies it
from its police duties within the first year after the final acceptance by the City. The City
reserves the right to have any canine proposed by the Vendor examined by a licensed
veterinarian of the City's choosing prior to acceptance or at any time during the one year health
warranty period. (City will pay all veterinarian fees for such exams). If a canine fails the
examination, the City, with a written statement from the veterinarian, may return the canine to
the Vendor for (1) a full refund of City casts for the canine and basic patrol K-9 training, or (2)
replacement at no cost to the City with an acceptable canine.
4. PROPOSAL REQUIREMENTS:
The firm's proposal should describe the methodology to be used to accomplish each of the
project tasks. The proposal should also describe the work which shall be necessary in order to
satisfactorily complete the task requirements.
Please note: this RFP cannot identify each specific, individual task required to successfully and
completely implement this project. The City of Palm Springs relies on the contractism and
competence of the selected firm to be knowledgeable of the general areas identified in the
scope of work and to include in its proposal all required tasks and subtasks, personnel
commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not
approve addenda to the selected firm's agreement which do not involve a substantial change
from the general scope of work identified in this RFP.
5. SELECTION PROCESS: This solicitation has been developed in the Request for
Proposals (RFP) format. Accordingly, proposers should take note that multiple factors as
identified in the RFP will be considered by the Evaluation Committee to determine which
25
proposal best meets the requirements set forth in the RFP document. PRICE ALONE WILL
NOT BE THE SOLE DETERMINING CRITERIA. The City shall review the proposals submitted
in reply to this RFP, and a limited number of firms may be invited to make a formal presentation
at a future date if desired by the City. The format, selection criteria and date of the presentation
will be established at the time of short listing, if conducted.
6. PROPOSAL EVALUATION CRITERIA: An Evaluation Committee, using the following
evaluation criteria for this RFP, will evaluate all responsive proposals to this RFP. Firms are
requested to submit their proposals so that they correspond to and are identified with the
following specific evaluation criteria (100 total points possible).
A. Firm / Staff / Team (including any subcontractors) Qualifications and experience in
providing Police Canine(s) and Training Services as defined in the RFP. Include resumes,
certification, and all pertinent information for each trainer that will be assigned to this
project. (30 POINTS)
B. Proposal Organization, conformance with the RFP instructions, and demonstrated
Understanding of the overall project and requested Scope of Work; include information on
the Canine acquisition process and lead times. (10 POINTS)
C. References, a minimum of five (5) references from other law enforcement agencies in the
State of California, including name and current phone number for each. (25 POINTS)
D. Local Preference (5 POINTS)
Firms that qualify as a Local Business, or employ local sub-Contractors, and submit a valid
business license as more fully set forth in Section F.1 below, pursuant to the City of Palm
Springs Local Preference Ordinance 1756), The full local preference, five (5) points, may
be awarded to those that qualify as a Local Business. Two (2) points may be awarded to
a non-local business that employs or retains local residents and/or firms for this project.
Non-local firms that do not employ or retain any local residents and/or firms for this project
shall earn zero (0) points for this criteria.
E. Cost Proposal (30 POINTS)
PRIOR CITY WORK: If your firm has prior experience working with the City DO NOT assume
this prior work is known to the evaluation committee. All firms are evaluated solely on the
information contained in their proposal, information obtained from references, and presentations
if requested. All proposals must be prepared as if the evaluation committee has no knowledge
of the firm, their qualifications or past projects.
7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that
responses correspond directly to, and are identified with, the specific evaluation criteria stated in
Section 6 above. The proposals must be in an 8 % X 11 format, may be no more than a
total of twenty (20) sheets of paper (double sided is OK ), including a cover letter. NOTE:
Dividers, Attachments included in this RFP that are to be submitted with the proposal, Addenda
acknowledgments and the separately sealed Cost Proposal do NOT count toward the page
limit. Interested firms shall submit SIX (6) copies (one marked "Original' plus five (5)
copies) of its proposal by the deadline.
26
All proposals shall be sealed within one package and be clearly marked, "RFP 09-14,
REQUESTS FOR PROPOSALS FOR PROVIDING POLICE CANINE(S) ACQUISITION AND
TRAINING SERVICES. Within the sealed proposal package, the Cost Proposal shall be
separately sealed from the Technical/Work Proposal. Proposals not meeting the above
criteria may be found to be non-responsive.
EACH PROPOSAL PACKAGE MUST INCLUDE TWO (2) SEPARATELY SEALED
ENVELOPES:
Envelope #1, clearly marked "Technical/Work Proposal", shall include the following
items:
• Completed Signature authorization and Addenda Acknowledgment (see Attachment A)
• If applicable, your specific request for Local Preference (see Attachment A) and a copy of a
valid business license from a jurisdiction in the Coachella Valley.
• Completed, and notarized, Affidavit of Non-Collusion (see Attachment B)
In addition to the items above, at a minimum, firms must provide the information identified
below. All such information shall be presented in a format that directly corresponds to the
numbering scheme identified here.
TECHNICALIWORK PROPOSAL; The Technical/Work Proposal (Envelope #1) shall be
clearly marked and shall include the Sections A, B, C, D and E.
SECTION A:
FIRM, STAFF, TEAM (including any subcontractors) QUALIFICATIONS AND
EXPERIENCE, INCLUDING REFERENCES
A.1 Follow the instructions and properly complete and execute both Attachment "A" and
Attachment "B" that are provided in the RFP and include them here in your proposal. If
applicable, your specific request for Local Preference (reference Attachment A) and a copy of a
valid business license from a jurisdiction in the Coachella Valley is to also be included here.
A.2 Describe the firm's background and qualifications in providing Police Canine(s) and
training services this project will require, specifically identifying experience with providing
Canine(s) and Training to other Law Enforcement agencies within the State of California.
A.3 Indicate the name of any sub-contractor firms or contractors that will be utilized to make
up your team. Describe each sub-contractor's qualifications, background and specific expertise
that they bring to the Project.
AA List the name and qualifications of the key staff/team members that will be assigned to
the Project. Provide detailed qualifications including resumes, certifications, and all pertinent
information for each trainer that will be assigned to this project.
SECTION B:
PROPOSAL ORGANIZATION, CONFORMANCE WITH RFP INSTRUCTIONS, AND
DEMONSTRATED UNDERSTANDING OF THE OVERALL PROJECT AND REQUESTED
SCOPE OF WORK
B.1 Carefully review and verify that your proposal is well organized and follows ALL OF THE
INSTRUCTIONS on proper organization, format, order, and conformance with all requirements,
including any and all required signatures, attachments, acknowledgements, or other documents
27
that are required to be submitted. Failure to follow the instructions may result in your proposal
being non-responsive and rejected from consideration.
B.2 Without reciting the information regarding the Project verbatim as contained in this RFP,
convey your overall understanding of the Project and an understanding of the City's
expectations upon implementation of the Project. Include information on the Canine acquisition
process and lead times.
B.3 Identify any "key" or "critical" issues that you believe may be encountered on the Project
based on the firm's prior experiences; and provide steps to be taken to ensure the issues
identified do not affect the successful delivery of the Project.
SECTION C:
REFERENCES
C.1 Include a minimum of five (5) references from other law enforcement agencies in the
State of California for who your firm has provided similar police canine acquisition and training
services necessary to condition the canine for police patrol or bomb detection services as
contemplated herein. You must include the name of a contact person, their title, and a current
phone number, fax number, email address and business address along with a brief description
of the scope of work and cost for each successfully completed referenced project.
SECTION D:
LOCAL PREFERENCE
D.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding
contracts for services, including Contractor services, preference to a Local Business shall be
given whenever practicable and to the extent consistent with the law and interests of the public.
The term "Local Business' is defined as a vendor, contractor, or Contractor who has a valid
physical business address located within the Coachella Valley, at least six months prior to bid or
proposal opening date, from which the vendor, contractor, or Contractor operates or performs
business on a day-to-day basis, and holds a valid business license by a jurisdiction located in
the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the
south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino
Mountains on the east and north. For the purposes of this definition, "Coachella Valley"
includes the cities of Beaumont and Banning and the unincorporated areas between Banning
and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the
purpose of establishing such physical address.
The Contractor will also, to the extent legally possible, solicit applications for employment and
proposals for subcontractors and subcontractors for work associated with the proposed contract
from local residents and firms as opportunities occur and hire qualified local residents and firms
whenever feasible.
In order for a business to be eligible to claim the preference, the business MUST request the
preference in the Solicitation response (see Attachment Al and provide a copy of its current
business license (or of those it employs for this project) from a jurisdiction in the Coachella
Valley. A non-local business that requests the preference based on employing local residents
must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with
the proposal. The City reserves the right to determine eligibility.
28
D.2 List all team members with local expertise. Clearly define their role in the overall project.
COST PROPOSAL; The Cost Proposal (Envelope #2) shall be clearly marked in a
separately sealed envelope and shall include Section F below:
SECTION E:
COST PROPOSAL (*see instructions in Section 6 above and Attachment "C")
EA The cost proposal (in a separate sealed envelope) shall contain: 1. The per unit cost of a
new acquisition German Shepard or Malinois including Academy Training and Acceptance
Criteria. 2. The unit price of a new acquisition Labrador or suitable breed agreed upon by the
City including Academy Training and Acceptance Criteria. 3. The per unit cost of Annual
Certification for all existing canines/teams and future canine(s)/teams. 4. Evaluation and
Training for a total of 24 sessions. 5. Canine Administrator training as needed. 6. Remedial
training at the Academy. PROPOSERS MUST USE THE COST PROPOSAL FORM,
ATTACHMENT "C", PROVIDED BY THE CITY IN THE RFP DOCUMENTS. Failure to use
the Cast Proposal form Attachment "C' provided by the City WILL be cause for rejection of a
proposal. Do NOT include Attachment "A" or Attachment "B" in the Cost Proposal,
Envelope #2. Attachments "A" and "B" are to be included in Envelope #1, "Technical/Work
Proposal'.
8. GENERAL AND SPECIAL CONDITIONS:
DEADLINE FOR SUBMISSION OF PROPOSALS: Proposals will be received in the City of
Palm Springs, Office of Procurement and Contracting until 3:00 P.M., LOCAL TIME,
THURSDAY, JANUARY 09, 2014. Proof of receipt before the deadline is a City of Palm
Springs, Office of Procurement and Contracting time/date stamp. It is the responsibility of the
firms replying to this RFP to see that any proposal sent through the mail, or via any other
delivery method, shall have sufficient time to be received by the Procurement Office prior to the
proposal due date and time. Late proposals will be returned to the firm unopened. Proposals
shall be clearly marked and identified and must be submitted to:
City of Palm Springs
Procurement and Contracting Department
3200 E. Tahquitz Canyon Way
Palm Springs,CA 92262
Attn: Cheryl Martin, CPPB, Procurement Specialist I
QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are
specifically directed NOT to contact any city employee, commission member, committee
member, council member, or other agency employee or associate for any purpose related to
this RFP other than as directed below. Contact with anyone other than as directed below
WILL be cause for rejection of a proposal.
Any questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING
and directed ONLY to:
Cheryl Martin, CPPB
Procurement Specialist 1
29
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
via FAX (760) 323-8238
or via EMAIL: Cheryl.Martin@palmspringsca.gov
Interpretations or clarifications considered necessary in response to such questions will be
resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is
3:00 P.M., Local Time, Thursday, January 02, 2014. Questions received after this date and
time may not be answered. Only questions that have been resolved by formal written Addenda
via the Division of Procurement and Contracting will be binding. Oral and other interpretations
or clarifications will be without legal or contractual effect.
FORM OF AGREEMENT: The selected firm will be required to enter into a contractual
agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance
with the standard Contract Services Agreement (see Attachment "D"). Please note that the
Exhibits are intentionally not complete in the attached sample standard document. These
exhibits will be negotiated with the selected firm, and will appear in the final Contract Services
Agreement executed between the parties.
The term of the agreement that is awarded as a result of this RFP shall be in effect for 3 years
with two one (1) year renew options.
Failure or refusal to enter into an Agreement as herein provided or to conform to any of the
stipulated requirements in connection therewith shall be just cause for an annulment of the
award. If the highest ranked Proposer refuses or fails to execute the Agreement, or
negotiations are not successful, or the agreement is terminated, the City may, at its sole
discretion, enter negotiations with and award the Contract to the second highest ranked
Proposer, and so on.
AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide
all of the scope of work, equipment and services identified in the RFP document. However, the
City reserves the right to award a contract, or to make no award, whichever is in the best
interest of the City. It is anticipated that award of the contract will occur at the next regularly
scheduled City Council meeting after the evaluation committee has made its final selection of
the firm to be recommended for award and a contract has been negotiated and agendized for
consideration. The decision of the City Council will be final.
RIGHT TO ACCEPT OR REJECT PROPOSALS: The City of Palm Springs reserves the right
to waive any informality or technical defect in a proposal and to accept or reject, in whole or in
part, any or all proposals and to cancel all or part of this RFP and seek new proposals, as best
serves the interests of the City. The City furthermore reserves the right to contract separately
with others certain tasks if deemed in the best interest of the City.
INSURANCE: Insurance provisions are contained in the Standard Contract Services sample
agreement included in the RFP. The successful Proposer will be required to comply with these
provisions. It is recommended that Proposers have their insurance provider review the
insurance provisions BEFORE they submit their proposal.
RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it
is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an
30
RFP without an authorized signature, falsified any information in the proposal package, etc.),
the proposal shall be rejected.
PUBLIC RECORD: All documents submitted in response to this solicitation will become the
property of the City of Palm Springs and are subject to the California Code Section 6250 et seq.,
commonly known as the Public Records Act. Information contained in the documents, or any
other materials associated with the solicitation, pursuant to CA Government Code 6255 during
the negotiation process, may be made public after the City's negotiations are completed, and
staff has recommended to the City Council the award of a contract to a specific firm, but before
final action is taken by the City Council to award the contract.
• Although the California Public Records Act ("CPRA") recognizes that certain
confidential trade secret information may be protected from disclosure, the City
may not be in a position to establish that the information submitted in a proposal
is a trade secret. If a request is made for information marked "Confidential,"
"Trade Secret," Proprietary," or any other similar designation, the City will
provide the party submitting such information with reasonable notice to allow the
party to seek protection from disclosure by a court of competent jurisdiction.
• If a submitting party contends that a portion of the proposal is confidential even
under the CPRA, the party: 1) must clearly label each document and/or page
deemed a confidential document 2) the legal rationale supporting such
contention including specific references to applicable provisions of the Public
Records laws of the State 3) must actively defend against any request for
disclosure of information which the party has determined should not be released,
and 4) must indemnify and hold harmless the City from any loss, claim or suit,
including attorneys' fees, brought by a person challenging the City's refusal to
release the documents. The City will not, under any circumstances, incur any
expenses, or be responsible for any damages or losses incurred by a party
submitting a proposal or any other person or entity, because of the release of
such information. The City will not return the original or any copies of the
proposal or other information or documents submitted to the City as part of this
RFP process. NOTE THAT THE CITY MAY NOT RECOGNIZE PROPOSALS
WHERE ALL OF THE INFORMATION, VIA A BLANKET STATEMENT, IS
SUBMITTED AS PROPRIETARY INFORMATION OR A TRADE SECRET.
SUCH PROPOSALS MAY BE FOUND NON-RESPONSIVE.
COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any
costs incurred by any firm responding to this RFP in the preparation of their proposal or
participation in any presentation if requested, or any other aspects of the entire RFP process.
BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the
City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96,
entitled "Business Tax".
INVESTIGATIONS: The City reserves the right to make such investigations as it deems
necessary to determine the ability of the firms responding to this RFP to perform the Work and
the firm shall furnish to the City all such information and data for this purpose as the City may
request. The City reserves the right to reject any proposal if the evidence submitted by or
investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out
the obligations of the Contract and to complete the Work contemplated therein.
31
I I
• NONCOLLUSION: The undersigned, by submission of this Proposal Form,
hereby declares that this Proposal is made without collusion with any other
business making any other Proposal, or which otherwise would make a Proposal.
Proposer must execute an Affidavit of Non-Collusion provided as Attachment
"B" in the RFP and include it with their proposal.
PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their
proposal shall be valid for a period of 120 calendar days from the due date of proposals.
SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted
to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions
set forth in all of the sheets which make up this Request for Proposals, and any attached
sample agreement. Exceptions to any of the language in either the RFP documents or
attached sample agreement, including the insurance requirements, must be included in the
proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate
language, insurance requirements, terms or conditions may be considered in the evaluation
process, however, the City makes no guarantee that any exceptions will be approved.
32
ATTACHMENT "A"
'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL
(Envelope#1)"
REQUESTS FOR PROPOSALS RFP 09-14
PROVIDING POLICE CANINE ACQUISITION AND TRAINING SERVICES
SIGNATURE AUTHORIZATION
NAME OF COMPANY(PROPOSER):
BUSINESS ADDRESS:
TELEPHONE: CELL PHONE FAX
CONTACT PERSON EMAIL ADDRESS
A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the
above listed individual or company. I certify that I have the authority to bind myself/this company in a
contract should I be successful in my proposal.
PRINTED NAME AND TITLE
SIGNATURE AND DATE
B. The following information relates to the legal contractor listed above, whether an individual or a
company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
_An individual;
A partnership, Partners' names-
-A company;
A corporation
2. My tax identification number is:
CHECK IF THE FOLLOWING STATEMENT APPLIES:
My firm/company is a Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of
current business license from a jurisdiction within the Coachella Valley is required to be attached to
this document in order to request the Local Preference.
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment
with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-
responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s)# is/are hereby acknowledged.
33
ATTACHMENT"B"
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALIWORK
PROPOSAL (Envelope#1)*
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY
PROPOSER AND SUBMITTED WITH PROPOSAL
STATE OF CALIFORNIA) ss
COUNTY OF RIVERSIDE)
The undersigned, being first duly sworn, deposes and says that he or she is
of the party making the
foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is
genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any
other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired,
connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall
refrain from Proposing, that the Proposer has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any
other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other
Proposer, or to secure any advantage against the public body awarding the contract of anyone interested
in the proposed contract, that all statements contained in the Proposal are true; and, further, that the
Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or
the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to
any corporation, partnership, company, association, organization, Proposal depository, or any other
member or agent thereof to effectuate a collusive or sham Proposal.
By:
Title:
Subscribed and sworn to before me this day of 2014.
720669.1
ATTACHMENT "C"
*THIS FORM MUST BE COMPLETED AND SUBMITTED IN A SEPERATELY SEALED
ENVELOPE#2 "Cost Proposal', NOT with Envelope #1, Technical/Work Proposal*)
REQUEST FOR PROPOSAL RFP 09-14
POLICE CANINE(S) ACQUISITION AND TRAINING SERVICE
COST PROPOSAL
Responding to Request for Proposal No. 09-14 Police Canine Acquisition and Training Service,
INVE will accept the following payment for providing all canine(s) and pre-training of a canine(s)
prior to delivery; on-going training after delivery, health certification supervision, 24 hour
emergency assistance, for the acquisition and training of canines for police patrol or bomb
detection. The undersigned Proposer proposes and agrees to provide all work and services
necessary to deliver Police and/or Bomb Detection Canine(s) and training services as defined in
the Scope of Work herein.
1. German Shepard or Malinois for Police services including academy training and
acceptance criteria prior to delivery:
Unit Price per German Shepard: $
Unit Price per Malinois: $
2. Labrador or suitable breed for bomb detection services including academy training
and acceptance criteria prior to delivery:
Unit Price per Labrador or: $
Suitable breed
3. Annual Certification for Dog/Handler Team: $
Certification Price per Team:
4. Bi-weekly Evaluation and Training for Police $
Service (Not Bomb Detection) per team
for a total of 24 sessions. (*see note below)
5. K-9 Administrator Training as needed $
at the academy or the department per session:
6. Remedial training at the Academy per team $
per session:
*Note: 24 training sessions per team, per year, of which at minimum 12 of the sessions for
each team shall be held in the Coachella Valley.
720669A
This is to certify that, to the best of my knowledge and belief, the cost or pricing data submitted
in support of Proposal No. 09-14 for Providing Police Canine(s) Acquisition and Training
Services are current, accurate, and complete.
PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL
RENEWALS:
For the initial three (3) years of the Agreement term, the unit prices are fixed. For optional years
4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor
Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12
month period effective on the anniversary date. Optional renewal years 4 and 5, and any
associated CPI increase, are at the mutual consent of the City and the Contractor.
NOTE: This page MUST be manually signed.
Certified by:
Firm Name
Signature of Authorized Person
Printed Name
Title
Date
720669.1
EXHIBIT "C"
CONTRACTOR'S PROPOSAL
�SOp�s%%1ER&V4j>, `
ADLERHORST INTERNATIONAL, INC.
a - n 3961 Vernon Avenue•Jurupa Valley,CA 92509
Tet(951)085-NM•F.:(951)635 36 -Emalt Adi ffimWdlC mtCOm
www.AGkrhorsteom
Ry A
January 6,2014
City of Palm Springs
Procurement and Contracting Department
3200 East Tahquitz Canyon Way
Palm Springs,CA 92262
Attention: Cheryl Martin, CPPB, Procurement Specialist I
Regarding: RFP 09-14,Requests for Proposals for
Providing Police Canine(s)Acquisition and Training Services
Dear Ms. Martin,
We appreciate this opportunity to provide the City of Palm Springs Police Department with a
proposal for police canine acquisition and training services. On the following pages, you will
find a detailed description of the services we offer and the associated costs as set forth in your
Request for Proposals package.
As a corporation, with over 35 years of experience, we are qualified and ready to assist your
canine unit in training and development. Our training director, David Reaver, has over 45 years'
experience in training dogs; over 35 of those years are in police service dog training. Each of
our instructional staff has been or currently is a police service dog handler.
Because of our high training standards that set the precedent for PSD Training Programs, we
have prevailed in every case we have placed in front of a jury to date. We offer this success in
the courts to you for no extra charge when your teams are part of our Monthly Maintenance
Training Program.
Upon review, should you have any questions or concerns, please do not hesitate to contact our
office at 951.685.2430. We would be happy to address any issues you have either on the
phone or in person at our facility.
Thank y
Ov e Re a
President
720669.1
s � ADLERHORST INTERNATIONAL, INC.
Technical / Work Proposal
i ICI
R"r
I
; � � �
t j
ip MP ' 1!' A !.:
720669.1
r
ADLERHORST INTERNATIONAL, INC.
Section A
li
A,1
Attachment "A"
Attachment "B"
720669.1
. - --- - ----
ATTACHMENT"A"
'THIS FORM MUST BE COMPLETED AND SU13MITTED WITH YOUR TECHNICAL/WORK PROPOSAL
(Envelope#1)'
REQUESTS FOR PROPOSALS RFP 09.14
PROVIDING POLICE CANINE ACQUISITION AND TRAINING SERVICES
SIGNATURE AUTHORIZATION
NAME OF COMPANY(PROPOSER):
Adlerhorst International,:Inc.
BUSINESS ADDRESS: 3951 Vernon Avenue, Jurupp Valley CA 92509
i
TELEPHONE: 951-685-2430 CELL PHONE 951-212-9233 FAX 951-685-3630
CONTACT PERSON David Reaver EMAIL ADDRESS ❑Reaver(dAdlerhorst-com
A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the
above-listed individual or company. I certify that I have the authority to bind myself/this company in a
contract should I be successful in my proposal.
Philippa Reaver,Vice President I Treasurer
PRINTED NAME AND TITLE
- SIGNATURE AND DATE DATE '
B. The following infomnaticn relates to the legal contractor listed above, whether an individual or a _
company. Place check marks as appropriate: -
1. if successful,the contract language should refer to me/my company as:
An individual;
—A partnership, Partners' names:
A company;
A corporation
Z My tax identification number is: 33-0057314
CHECK IF THE FOLLOWING STATEMENT APPLIES:
My firm/company is a Local Business(Licensed within the jurisdiction of the Coachella Valley). Copy of
current business license from a jurisdiction within the Coachella Valley is required to be attached to
this document in order to request the Local Preference.
ADDENDA ACKNOWLEDGMENT:.
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment
with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-
responsive.
In the space provided below,please acknowledge receipt of each Addenda:
Addendum(s)# Is/are hereby acknowledged.
13
720669.1
ATTACHMENT"B"
'THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALIWORK
PROPOSAL(Envelope#1)'
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY
PROPOSER AND SUBMITTED WITH PROPOSAL
_ STATE OF CALIFORNIA)as
COUNTY OF RIVERSIDE)
The undersigned, being first duly sworn,deposes and says that he or she is
!I V.P'ac'dent of Ar Rrhnrct In Prr atinnal Inc . the party making the
foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of, any
undisclosed person, partnership, company, association,organization, or corporation; that the Proposal is
'genuine and not collusive or sham;that the Proposer has not directly or indirectly induced or solicited any
other Proposer to put in a false Or sham Proposal, and has not directly or indirectly colluded, conspired,
connived, or agreed with any Proposer or anyone else to put In a sham Proposal, or that anyone shall
refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any
other Proposer, or to fur any overhead, profit, or cost element of the Proposal price,or of that of any other
Proposer,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the Proposal are true; and, further. that the
Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof,or
the contents thereof,or divulged information or data relative thereof, or paid, and will not pay, any fee to
any corporation, partnership, company, association, organization, Proposal depository, or any other
member or agent thereof to effectuate a collusive or sham Proposal.
By Philippa Reaver
Ate,
Title: Vice President/Treasurer
Subscribed and sworn to before me this day of .2014.
State of Caiifomia County of Riverside
Subscri ed and sworn to(or tined)before me ]�.�.�.�.�.�
7 M iSSI M. 2000
7 Commisalon M 2000925
proved to me on the hasi Notary Public-California ia
to be th ssatisfactory"Men z aiverside
s
SiBrat s who appear ore Comm Expirefcun10,2017z
ti
14 Revised:6/16/10
720609.1
3
ADLERHORST INTERNATIONAL, INC.
1
Section A
A.2
Firm's Background and Qualifications
720669J
NE ADLERHORST INTERNATIONAL, INC.
Qualifications and Experience
Qualifications
Since 1976, Adlerhorst has provided quality Police Service Dogs to over 500 law enforcement
agencies in the United States and several foreign countries around the world. We have evolved
into being one of the largest private Police Dog Schools in the world. During this era, we have
introduced many theories and techniques that are considered state of the art today.
We offer an optimal combination of law enforcement and canine experience. All of our staff has
a minimum of ten years' experience training police service dogs. Three of our instructors are
former police canine supervisors and four are former handlers with law enforcement agencies.
Our instructors are certified California P.O.S.T. evaluators, as well community college
instructors.
Our training director, David Reaver, has over 45 years'experience both in the United States and
in Europe training dogs; 35 of those years are police service dog training. He has a Lifetime
j Teaching Credential from the State of California with a specialty in Police Science.
We are the innovators of procuring dogs with a strong genetic as well as a working background.
During our procurement trips, which are made approximately every six weeks, each dog is
comprehensively tested, personally, by David Reaver. Many European handlers / trainers
consider our testing process the most comprehensive they have observed.The techniques and
testing standards we have introduced over the years have caused many European agencies to
reassess their testing and procurement policies.
Not only do we provide the highest quality canines and training that sets the precedent for PSD
Training Programs, we also bring our success in the courts. The landmark Vera Cruz v
Escondido case, placing the dog as less than lethal, was defended by.Mr. Reaver's expert
testimony. For those enrolled in our maintenance program, we feel it is our responsibility to
provide expert testimony and assist our client's attorneys in any litigation involving the PSD
program.To date we have prevailed in every case we placed in front of a juryl
720669.1
4
ADLERHORST INTERNATIONAL, INC.
Partial Current Client List
All of the clients below not only purchase canines from Adlerhorst,they also attend our Basic
Handler Courses,Detection Courses and Monthly Training.
Alameda County Sheriffs Office Monterey Park Police Department
Alhambra Police Department Ontario Police Department
Baldwin Park Police Department Orange County Shenffs Office
Barstow Police Department Orange County Probation
BART Orange Police Department
Bell Gardens Police Department Pasadena Police Department
Brea Police Department Pomona Police Department
Buena Park Police Department Rialto Police Department
Burbank Police Department Riverside Police Department
Chino Police Department Riverside Sheriffs Office
Corona Police Department San Manuel Police Department
Costa Mesa Police Department Santa Ana Police Department
El Segundo Police Department Santa Monica Police Department
Escondido Police Department Siskiyou County Sheriffs Department
Hawthorne Police Department Torrance Police Department
Huntington Beach Police Department U.S. Forest Service(Throughout Northem
Huntington Park Police Department and Southern California)
Inglewood Police Department Vernon Police Department
Irvine Police Department West Covina Police Department
Lake County Police Department Whittier Police Department
LAX Police Department
Los Angeles Coroner
Los Angeles School Police Department
720669.1
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ADLERHORST INTERNATIONAL, INC.
Section A
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A.3
Sub-Contractors / Contractors
There will be neither sub-contractors nor contractors
utilized to make up our team.
720669.1
3 ADLERHORST INTERNATIONAL, INC.
I
i
Section A
i
i
AA
Key Staff / Team Members
720669A
100.
3 s ADLERHORST INTERNATIONAL, INC.
Key Personnel
Tom Brown has worked for the Pasadena Police Department for the last twenty-five years.
After decoying for five years, he worked a cross-trained patrol dog for nine years. Mr. Brown
has been a trainer for Adlerhorst since 2008 after completing the Post Evaluators Course,
Daryl Gaunt began working with dogs by decoying for Inglewood Police Department in 1978.
He also worked with the Los Angeles Schutzhund Club where he held the position of Vice
President and Assistant Training Director. He then went on to the Army for eight years and
was a military dog handler for four of those years. He has worked as a Deputy Sheriff for Los
Angeles County since 1991 and has been assigned to the canine unit since 2003. He is
currently working a SWAT Patrol and Explosive Detection Dog. Mr. Gaunt has been a trainer
with Adlerhorst since 2010..
Doug Kelley was a Police Officer for twenty years and a police service dog handler for seven.
He has been an instructor for Adlerhorst since 1999.
C.R.Smith became a handler in 1981 and ultimately the supervisor for a Los Angeles area K-9
unit. He began instructing for Adlerhorst part time in 1985. Since his retirement from law
enforcement he has been a full time instructor for Adlerhorst as well as the SKI DDS School
Gregg Yerington has twenty-three years of law enforcement experience;eight years working a II,
dual purpose canine and swat unit. Gregg Yerington started working at Adlerhorst in 1991 and
he is currently our lead detection instructor. Additionally, Mr. Yerington assists with detection
and patrol maintenance as well as the annual re-certifications
720669.1
Curriculum Vitae
David Reaver
3951 Vernon Ave.
Riverside,Ca. 92509
Tel.(951)685 2430 Fax(951)685 3630
www.adlerhorst.com Adlerhorstgadlerhorst.com
PERSONAL
Mr. Reaver became involved with Police Dog Training In 1960 in Germany and Holland where he
assisted in training Police and Sport Dogs while training several dogs of his own.
Upon returning to this country he continued his education in the area of working dogs and returned
to Europe frequently for updated training. He became involved in the Schutzhund sport in this
country during its forming stages in 1972. He was training director and held office in several
Schutzhund Clubs.
During the 1970's he became aware of a procurement and training program used by most law
enforcement agencies that had not changed in many years.As an extension of his interest in dogs
he set out to introduce more current techniques from Europe.
I
ACCOMPLISHMENTS
I
Founder and president of Adlerhorst International Inc.
Since 1976 more than 5,000 dogs have been trained for police service at our facility.This includes
patrol, narcotics, explosives, arson, search & rescue as well as IED detection dogs for route
clearance and the first suicide bomber dogs in this Country.
First to implement a program based on importing pre trained dogs. This has proven to be the most
cost effective method of providing dogs and training.This is now the industry standard.
Provided dogs for over 450 law enforcement agencies.
Introduced the guard&bark deployment to law enforcement in 1976.
First in California to have a comprehensive written standard of performance.
First to do a practical police dog demonstration in Superior and Federal Courts. This has evolved
into being qualified for courts in California,Arizona, New Mexico,Oregon,Washington;Idaho, Ohio
and Kansas as an expert in dog behavior,training and deployment of police service dogs,as well as
detection dogs and privately owned dogs. With an additional qualification as a dog bite expert.
Testified in two appellate decisions favorable to law enforcement,Estes Vs Catifomia Department of
Corrections and Vera Cruz Vs Escondido. In all cases involving our training, allegations of
negligence in training or deployment were never sustained.
From 1982 to 1983 he took a team of 5 American Police Dog Handlers to the International Police
Dog Championships in Germany. Acted as team captain and trainer, as well as an American
representative to the International Police Dog Congress meeting conducted in conjunction with the
competition.Twice during the competition we received an award for the top tracking score.
Mr. Reaver was a reserve police officer from 1977 to 1997. In that capacity he has acted as
department trainer for Fontana Police Department.Additionally, he was assigned to the
S.W.A.T team as a dog handler.
Holds a lifetime teaching credential from The California Community Colleges for Police Science.
This includes all aspects of police dog training as well as instruction in weaponless defense(Judo).
Has instructed for Chaffee College, Riverside Community College, Rancho Santiago College, Rio
720669.1
Curriculum Vitae
David Reaver
Hondo College, Riverside Sheriff's Department and the Orange County Sheriffs Department In
P.O.S.T.certified classes.Additionally he has conducted P.O.S.T.equivalent classes in Texas,New
Mexico,Idaho,Oregon &Arizona.
Developed first P.O.S.T. certified canine related Gass in 1964. Currently instructs in, or provides
instructors for four P.O.S.T. certified classes in California, as well as P.O.S.T. equivalent re
certification classes in New Mexico&Arizona.
Consulted with and exchanged information with representatives from police dog schools in
Germany, Holland, Sweden, Denmark, Norway, Mexico, Luxembourg, Brazil, France, Belgium,
Czech Republic,Slovakia, Russia,Australia,Canada,Great Britain,Japan&China
Published numerous articles on police dog training and deployment-
Our training program was selected by the U.S. Department of Justice, Civil Rights Division as the
model for Police Service Dog training in the United States.
LANGUAGES
Conversant in both the German and the Dutch languages. -
MEMBERSHIP ORGANIZATIONS
German Shepherd Dog Club
United Schutzhund Clubs of America
Schaferhunde Verein(SV)(German Shepherd Dog Club of Germany)
KN.P.V.(Royal Netherlands Police Dog Association)
D.V.G.(German all breed working dog club)
Inland Empire Police Canine Association
Orange County Police Canine Association
Los Angeles County Police Canine Association
California Narcotics Officers Canine Association
United States Judo Association
United States Martial Arts Association.
Oregon Police Canine Association
Arizona Law Enforcement Canine Association
National Police Canine Association
LICENSES&CERTIFICATES
California Lifetime Teaching Credential.
Certified Califomia P.O.S.T.Instructor.
P.O.S.T.Evaluator.
German Kennel Club Certificate of Merit.
D.E.A.licensed.
Certified Judo Instructor. U.S.J.A,
Licensed Electrical Contractor,State of California.
A.T.F.Licensed.
California Highway Patrol licensed to transport explosives for training.
Instructor Rancho Santiago Valley College
Instructor Riverside County Sheriffs Department POST Classes
720669.1
t ADLERHORST INTERNATIONAL, INC.
Section B
BA
Intentionally Left Blank
720669.1
tc�.rya
° ADLERHORST INTERNATIONAL, INC.
Section B
B.2
Project Scope, Canine Acquisition
and Lead Times
720669A
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ADLERHORST INTERNATIONAL, INC.
Project Scope,Canine Acquisition and Lead Times
I The City of Palm Springs is seeking a vendor to supply Police Service Dogs for Police Patrol work and
i I or Explosives Detection. These canines must be in good health,free of any defects either
congenital or physical. Canines must be under three years old and possess prior training suitable for
police work. Canines should have excellent obedience and agility with the ability to track,search in
different environments,protect the handler,and apprehend suspects. All canines are to be vet
inspected prior to acceptance. Each canine will be guaranteed for a time period of not less than one
j year against any congenital and/or performance issues.
In addition to supplying canines,the City of Palm Springs also requires a vendor that can provide
training. Initial Patrol Training and Explosives Detection Training are required for any new dogs. For
existing dogs,Monthly Maintenance Training for patrol is needed. K9 Teams will meet once per
month at the vendor's facility and one more time each month within Coachella Valley. Should any
issues arise,vendor should be available for 24-hour emergency assistance as well as provide
remedial training. On an annual basis,vendor should offer Patrol Re-Certification as well as
Explosives Detection Re-Certification courses. In addition to training for K9 Teams,vendor should
offer training for administration and/or decoys.
Adlerhorst,at all times, has an ample supply of quality canines at cur facility that are available for
purchase. However,should a client not find a suitable canine,we make procurement trips to Europe
approximately every six weeks.
There are six Basic Handler Courses for new patrol K9 Teams offered each year. The Handler
Development Course for administration and the Agitator and Advanced Agitator Seminars for decoys
are offered during each of the Basic Handler Courses. Seven Explosives Detection Courses are
offered on an annual basis. While attending any of our courses, officers earn college credit through
Santa Ana College,
Monthly Maintenance Training for Patrol is conducted every Wednesday and the first two full weeks of
each month;approximately 12 days. Adlerhorst does not charge any additional cost to attend
detection training in addition to patrol training. Upon entering a contract for monthly maintenance
training,Adlerhorst will also provide expert testimony and assist our client's attorneys in any litigation
involving the PSD program at no charge. To date we have prevailed in every case we placed in front
of a jury!
Each year, Explosives Detection Re-Certification is offered three times while Patrol Re-Certification is
conducted six times. The Patrol Re-Certification is hosted by Riverside Sheriffs Ben Clark Training
Center and is a P.O.S.T.Certified, Plan II course. All training and testing is done by Adlerhorst staff.
720669_!
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s ADLERHORST INTERNATIONAL, INC.
Section B
t
I
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B.3
"Key" or "Critical' Issues
No "Key or Critical Issues" foreseen
720669.1
1 �W^
? ADLERHORST INTERNATIONAL, INC.
ti
Section C
I
CA
References
720669.
9}Mir
Y ADLERHORST INTERNATIONAL, INC.
References
For references please feel free to contact any of the fallowing:
Riverside County Sheriffs Office
Sgt.Anthony Williams
Phone: 951-922-7166
Email: adwillia@riversidesheriff.org
Address: 50290 Main Street,Cabazon,CA 92230
Scope: Provide Police Service Dogs—patrol,narcotic detection,explosive detection; Basic
Patrol Training;Narcotics Detection Training;Explosives Detection Training; Monthly
Maintenance Training—both onsite and offsite for patrol, narcotic detection and
explosives detection;Annual Re-Certifications for patrol and detection;Agitator
Seminars;Advanced Agitator Seminars;Tracking Seminars;boarding services;provide
equipment for purchase
LAX Police Department
Sgt. Lindsay
Phone: 310-259-6385
Fax: 310-646-9233
Email: blindsay@lawa.org
Address: Post Office Box 92882, Los Angeles,CA 90009
Scope: Provide Police Service Dogs—patrol,explosive detection; Basic Patrol Training;
Explosives Detection Training;Suicide Bomber/Vapor Trail Training; Monthly
Maintenance Training—both onsite and offsite for patrol and explosives detection;
Annual Re-Certifications for patrol and detection;Agitator Seminars;Advanced Agitator
Seminars;boarding services;provide equipment for purchase;We are an official Sole
Source Vendor with LAX PD
I
Corona Police Department
Lt,Jon Stofila
Phone: 951-736-2344
Fax: 951-279-3794
Email: jon.stofila@ci.corona.ca.us
Address: 730 Corporation Yard Way, Corona,CA 92880
Scope: Provide Police Service Dogs—patrol,narcotic detection,explosive detection; Basic
Patrol Training; Narcotics Detection Training;Explosives Detection Training;Monthly
Maintenance Training for patrol,narcotic detection and explosives detection;Annual
Re-Certifications for patrol and detection;Agitator Seminars;Advanced Agitator
Seminars;Tracking Seminars; boarding services;provide equipment for purchase
i
i
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720669.1
ADLERHORST INTERNATIONAL, INC.
i
Alameda County Sheriffs Department
I Sgt. Ray Kelly—Patrol/Narcotics
Sgt. Kenneth King—EOD
i Phone: 510-225-5936/510-725-5089
Fax: 510-667-3626
Email: rkelly@acgov.org/kking@acgov.org
Address: 4985 Broder Blvd, Dublin, CA 94568
Scope: Provide Police Service Dogs—patrol, narcotic detection, explosive detection; Basic
Patrol Training;Narcotics Detection Training; Explosives Detection Training; Monthly
Maintenance Training—offsite for patrol, narcotic detection and explosives detection;
Annual Re-Certifications;Agitator Seminars;Advanced Agitator Seminars; provide
equipment for purchase
Escondido Police Deparment
i Sgt. Eric Distel
Phone: 760-802-4213
Fax: 760-746-0612
Email: edistel@ci.escondido.ca.us
Address: 1163 North Centre City Place, Escondido, CA 92026
Scope: Provide Police Service Dogs—patrol and narcotic detection;Basic Patrol Training;
Narcotics Detection Training;Monthly Maintenance Training for patrol and narcotic
detection;Annual Re-Certifications for patrol and detection;Agitator Seminars;
Advanced Agitator Seminars;Tracking Seminars; boarding services; provide
equipment for purchase
720669A
ADLERHORST INTERNATIONAL, INC.
Section D
i
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D.1
Local Preference
Adlerhorst is not located within Coachella Valley.
720669.1
ADLERHORST INTERNATIONAL, INC.
j The Cost Proposal
Or!
Pam! I
F
Nmon's
720669.1
I y�" ADLERHORST INTERNATIONAL, INC.
Section E
E.1
Attachment "C"
and
Explanation
720669.1
ATTACHMENT"C"
"THIS FORM MUST BE COMPLETED AND SUBMITTED IN A SEPERATELY SEALED
ENVELOPE#2"Cost Proposal',NOTwith Envelope#1,Technical/Work Proposal')
REQUEST FOR PROPOSAL RFP 09-14
POLICE CANINE(S)ACQUISITION AND TRAINING SERVICE
COSTPROPOSAL
Responding to Request for Proposal No. 09-14 Police Canine Acquisition and Training Service,
IMlE will accept the following payment for providing all canine(s)and pre-training of a canine(s)
prior to delivery: on-going training after delivery, health certification supervision, 24 hour
emergency assistance, for the acquisition and training of canines for police patrol or bomb
detection. The undersigned Proposer proposes and agrees to provide all work and services
necessary to deliver Police and/or Bomb Detection Canine(s)and training services as defined in
the Scope of Work herein.
1.German Shepard or Malinois for Police services including academy training and
acceptance criteria prior to delive :
9,600(dog +768(tax)+4,200(patrol)+6,200(bomb)
Unit Price per German Shepard: $ 20.768.00
Unit Price per Malinois: $ 2076800
2.Labrador or suitable breed for bomb detection services including academy training
and acceptance criteria prior to delivery:
7,300(dog)+584(tax)+6,200(bomb)
Unit Price per Labrador or: $ 14,084.00
Suitable breed
3.Annual Certification for Dog/Handier Team: $ 188.00-Patrol/350-Detection
Certification Price per Team:
4.Bi-weekly Evaluation and Training for Police $ 1,800.00
Service(Not Bomb Detection)per team (There would be no additional charge for attending
for a total of 24 sessions.(*see note below) bomb training as well as patrol training)
5.K-9 Administrator Training as needed $ 400.00
at the academy or the department per session: 40 Hour"Handler Development Course-
6.Remedial training at the Academy per team $ Included in the$1,800-00
per session:
Note: 24 training sessions per team,per year, of which at minimum 12 of the sessions for
each team shall be held in the Coachella Valley.
15 - Revised:6/16/10
72W9.1
720669.1
3 ADLERHORST INTERNATIONAL, INC.
Cost Proposal Explanation
for
RFP 09-14
Total
Section Description - Unit Cost with Tax
1 German Shepherd or Malinois for Police Service....... $ 20,011 $21,718,10
la Police Service Dog—Dual Purpose Patrol and Detection...._....... $ 9,600 $ 10,368.00
• A German Shepherd or Belgian Malinois chosen specifically to
meet all of your agencys needs. Canines have a European
working Me.
• Hips,backs and elbows am x-rayed and a vel check is done in
Europe prior to shipping.
• Canine will possess the qualities needed to be an assistant to
law enforcement and the general public as well as meet or
exceed any current detection standards, including but not
limited to Cafitomia P.O.S.T.,S WGDOG,NPCA and CNCA.
• Guaranteed against all congenital and performance issues for
12 months.
lb Basic Handler Course......................................................................1 $ 41200 $ 4,200.00
• 240 hours of intensive training for law enforcement personnel in
the handling,deployment and care of a PSD.
• Upon successful completion graduates will be able to
operationally handle a PSD as an assistant to law enforcement
and the general public.
• Graduate students receive a certificate.
• Canine receives an internationally recognized bile,APSD 1
• This is a community college course with 5 college cmdits.
(California residents any
• Training to inctude,but is not limited to:
o Theoretic Instruction
• History of the species canine.
• Chronological history of the use of dogs in Police
Service.
• Canine behavior.
• How the dog teams.
• Training objectives and techniques.
• Theory and techniques to enhance agitatarhelper
skills
• Instruction in types and proper utilization of training
equipment.
• Health,care and feeding of the PSD.
• Current case law and legal parameters involved in the
use ofa PSD.
• Preparing forcourt appearances.
• Preparing and maintaining training records.
o Practicallnstruction
• Safety duringtraining.
• Understanding the PSD's abilities and reaming
process.
• Guard and balk training donepropedy
• Enhance alerts.
• Develop confrontational behavior. _
• Accelerate transitional training.
• Reading, understanding and proper reaction to dogs
alerts.
• Evidence search.
• Areasearch.
720669_1
ADLERHORST INTERNATIONAL, INC.
• Directed search.
Building search
Proper use of al!training equipment.
Proper handling of surveillance,searches, arrests and
transporting of suspects.
Working with other Police Officers.
Understanding the handlers responsibility to insure all
deployments are done within your agency's policy and
procedures manual
',. 1c Explosives Detection Course................_......................................... $ 6,200 $ 6,200.00
• 280 hour course based on actual real word applications
designed in provide training and the support necessary for K9
teams to be successful both on the street and in the courts.
• We will train for passive alert
• Canine teams are guaranteed to meet or exceed any current
standards, including but not limited to California P.O.S.T,
SWGDOG,NPCA and CNCA,
• Using actual explosives,no pseudo Odom,K9 teams will be able
to locate residual odors to extremely large quantities in all
environments and conditiars.
• Graduate students receive a cerfi0cate.
• The dogs receive an internationally recognized title,APND 1.
• This is a community college course(Califomie residents only)
• Tmining to include,but Is not limited to:
o Theoretic lnstructron
• Safety
• Detection terms and definitions
• Search techniques
• Concealment Techniques
• Detection Dog drive manipulation
• Scentproperles and associations
• Core patterns of Detection Dog searches
• K9 indication,response and the reward
• The ofactory abilities and capabilities of a demotim
dog
• Principals of obedience and endurance conditioning
• Emergency care and first aid for K9
• Training Aid Storage,Maintenance,and Accountability
• Explosives search and seizure case law
o Practical instruction
• Applicable safety precautions
• Detection dog detection terms and definitlons
• Propersearch techniques
• Individual detection dog indicators, behavior and
tendencies
• Final response to locating explosives and when to
reward
• Preparation fen the Killion examination
• Preparation for the final certification
• Indicators that a vehicle may be used to accommodate
contraband
• Searching residences, buildings, rooms, stalls, animal
habitats,storage rooms,vehicles,parcels including but
not limited to boxes, bags, suitcases and also open
areas where explosives may be buried
2 Labrador or Suitable Breed for Bomb Detection........ $ 13,600 $ 14,084.00
720669.1
ADLERHORST INTERNATIONAL, INC.
2a Service Dog-Single Purpose Detection-............................-........ S 7,300 b 7,865.75
• A German Shepherd, Belgian Malincis, German Shorthaitad
Pointer or Labrador Retriever chosen specificalty to meet a6 of
your agency's needs. Dave Reaver works closely with each
agency to determine their requirements fora PSD.
• Canines have a European working title.
• Hips,backs and elbows are x-rayed and a vet check is done in
Europe prior to shipping.
• Canine will possess the qualities needed to meet or exceed any
current detection standards, including but not limited to
California P.O.S.T., SWGDOG,NPCA and CNCA.
• Guaranteed against all congenital and performance issues for
12 months.
21, Explosives Detection Course......................................._.................. S 6,200 8 6,200.00
260 hour course based on actual real world applications
designed to provide training and the support necessary for K9
teams to be successful both on the street and in the courts.
• we will train for passive alert
• Canine teams are guaranteed to meet or exceed any current
j standards, Including but not limited to California P.O.S.T,
S WGDOG.NPCA and CNCA.
Using actual explosives,no pseudo odors,K9 teams will be able
to locate residual odors to extremely large quantities in ad
envimnments and conditions.
• Graduate students receive a certificate.
• The dogs receive an internationally recognized title,APND 1.
• This is a community college course(Califomis residents only)
Training to include,but is not limited In:
o Theoretic instruction
• Safety
• Detection terms and definitions
• Search techniques
• Concealment Techniques
• Detection Dog onus manipulation
• Scent properties and associations
• Cone patterns of Detection Dog searches
• K9 indication,response and the reward
• The offactory abilities arid capabilities of a detection
dog
• Principals of obedience and endurance conditioning
• Emergency care and first aid for K9
• Training Aid Storage,Maintenance,and Accountability
• Explosives search and seizure case law
o Practical Instruction
• Applicable safety precautions
• Detection dog detection terms and defini6ors
• Propersearch techniques
• Individual detection dog indicators, behavior and
tendencies
• Final response to locating explosives and when to
inward
• Preparation for the written examination
• Preparation for the final certification
• Indicators that a vehicle may be used to accommodate
contraband
• Searching residences, buildings, moms, stalls, animal
habitats,storage rooms,vehicles,parcels including but
not limited to boxes, bags, suitcases and also open
areas where explosives may be buried
720669A
I $fir
ADLERHORST INTERNATIONAL, INC.
I
3 Annual Certifications—Detection&Patrol................. $ 538 $ 538.00
3a Annual Detection Re-CerBfication....................................................... $ 350 $ 350.00
• 16 hour course to Re-Cerify and ensure Kg Detection Teams
maintain all skr7ls necessary to successfully focate and alert any
and all desired scents in various situations.
3b Anmra/Patrol Re-Certificatian".......................................................... $ 188" $ 188.00—
• Adlerhorsfs Annual Patrol Re-Certification is a 24 hour POST
• Certified course offered through Riverside Sheriffs Office and
the Ben Clark Training Center.
Cast is$18B per team
• Contact Ben Clark Training Center at 951-466-7515 for
acheduffng and class enrollment
4 Bi-Weekly Evaluation and Training.............................. $ 1,800 $ 1,800,00
4 Monthly Maintenance Training....................................................... $ 1,600 $ 1,800.00
• At a minimum, program includes a complete comprehensive
training block each month with an emphasis an problem soh4ng
andkeeping the dogs"clean"with strong alerts.
• -Additional training days are available as necessary.No limit on
training sessfns.
• Each problem area noted by the handler, supervisor or an
instructor wr71 be addressed during the current training session.
• Our maintenance Gaining is conducted by an experienced,
competent person, certified by P.O.S.T., as wail as our much
h,ghefstandards.
• A written evaluation is forwarded to your supervisors after each
training session.
• We use techniques that have pmven successful both in the field
and the courtroom.
• All training sessions have a defined lesson plan. The canine
supervisor will receive a copy of each lesson plan as wall as a
wWen evaluation foreach session.
• All successful participants am guaranteed to pass P.O.S.T.
standards as weif as our more difficult 24 hour P.O.S.T re-
certification.
• Participation in the most popular and comprehensive agitator/
role playing suspect training in the industry.
• All of our training classes have a comprehensive written
standard. Our traning titles have been accepted in courts both
nationally and internationally. Copies of our standards are
available upon request.
• Our program offers eleven smite training days for patrol dogs
and two training days for explosive dogs monthly in Souther
California.Addifionaffy we send qualified instructors to locations
in Northern Capfomia, Oregon, Arizona, New Mexico and
Texas
• Expert witness testimony is available/provided for all of our
maintenance clients at an expenses any cost. To date, we
have been involved in over 100 cases---all adjudicated in our
favor. (Vera Cruz vs. Escondido our case).A fist of our clients
for expert witness testimony is available upon mquest
• •'•Please note, teams may attend detection training at no
additional charge^"
720669A
ADLERHORSTINTERNATIONAL, INC.
3 s
5 K-9 Administrator Training as Needed........................ $ 400 $ 400.00
5 Handler Development Course.._............._....................................... $ 400 $ 400.00
i 40 hour technical course designed for law enforcement dog
s handlers their supervisors,administrators and risk managers.
• This m-depth class covers a variety of information to increase
your program's aficiency while decreasing your liability.
• Topics include,but are not limited to:
• The species canine and the law enforcement canine,
chmnokrgicsfhistory.
• How the dog teams.
• The application to law enforcement.
• Field tactics.
• OfcerSafety.
• veterinary care.
Legal aspects.Case law pest and recent.
Guard&bark, what is best for your agency. includes
Practical hands on demonstrations and applications.
• Techniques to change overto guard&bark.
• Techniques to enhance guard&bark.
5 Remedial Training......................................................... $ 0• $ 0.00*
S Remedial Training is included In the cost of Maintenance Training
720669.1
)
i
CITY OF PALM SPRINGS,CA.
ADLERHORSTfNTERNATIONAL
I INTERVIEW GUIDELINES FOR PROVIDING POLICE CANINE(S)ACQUISITION AND TRAINING
SERVICES RFP 09-14
The City of Palm Springs evaluated your proposal In response to our RFP 09-14 for Providing Police
Canine(s) Acquisition and Training Services. The Evaluation Committee has requested an
interview/presentation being held on Wednesday.April 02,2014. The interview is scheduled for 10:00 in
the West Conference Room located at Palm Springs City Hall, 3200 E. Tahquitz Canyon Way, Palm
Springs, CA. The intended result of this interview process will be the recommendation of a firm for award
of a contract for this project.
Your firm will be allocated up to 60 minutes of the Evaluation Committee's time. The team will be given
up to 40 minutes to make a presentation and the Evaluation Committee will have 20 minutes for any
4 additional Q&A. Please arrive 15 minutes prior to the start of your interview to allow enough time to get
p settled in the conference room.
i The Evaluation Committee requests that no more than four(4) representatives of your team attend. It is
E mandatory that the primary point of contact(Account Manager)as well as the specific Trainers/Handlers
that will be assigned to the PSPD attend the interview. Principals, or other consultants of the team
should attend only If they fulfill one of the roles listed above.
I
The Evaluation Committee requests a focused presentation in response to the questions below. It is
important that your presentation cover this material in the 40 minutes allotted so that the Evaluation
Committee may then ask any additional questions they may have.
1. Briefly introduce your team members and clearly define the role and responsibility of each
member. Briefly highlight the qualifications,background and experience of each member of the
team.
2. Haw is the typical training day structured?
3. What safeguards are in place to ensure that all of the teams get the same amount of training?
4. The City of Palm Springs Police Dept. requires that specific tralners/handlers be assigned to our
account. What happens if one,or none,of those trainers/handlers are available at any given
time?
5. What type of training philosophy does Adlerhorst subscribe to(pain compliance vs.escape
training)?Why?
6. Describe your philosophy on the use of ecollars?
7. How diverse would you consider your training style and what creative measures do you
personally bring to the training environment?
8. Describe your teaching style in relation to the handlers as opposed to their canine partners?
9. How would you describe your position on availability so the handlers can reach you during off
hours?
10. Would you be able to respond to PSPD in an emergency to provide input(i.e.severe accidental
bite to civilian or handler,etc)?
11. Please provide current contact info for some smaller agencies similar to Palm Springs for whom
you provide these services.
12. Summarize why your firm is the most qualified and why the Evaluation Committee should
recommend your firm for this project?
EVALUATION CRITERIA:
Based upon your responses to the above questions your firm will be evaluated and scored according to
the following criteria for this interview phase of the RFP process: Response to
Qualifira0ons/Experience/References (Questions 1, 11, 12) = 15 points; Response to Training
Structure&Availability of Handlers(Questions 2,3&4)=30 points;Response to Training Philosophy&
Methodology(Questions 5,6,7&8)=30 points, Responses to Handler Responsiveness(Question 9&
10) = 10 points, Response to any additional questions the Evaluation Committee may ask during the
Q&AAnterview process 115 points) for a total of 100 points. Your score from this phase will be
combined with your score from the first phase for a total of 200 possible points.
720669.1
I
I
NOTE: You will be presenting to a group of 4 people in a conference room around a rectangular
conference table. There is access to electrical outlets, Wi-Fi service, a white-board, and projection
screen in the conference room.
As previously communicated, we remind you that this is still an opentfonnal RFP process and that as
stated in the original RFP document, "Proposers, their representatives, agents or anyone else acting on
their behalf are specifically directed NOT to contact any city employee, commission member, committee
member, council member, or other agency employee or associate for any purpose related to this RFP
other than as directed below. Contact with anyone other than as directed below will be cause for
rejection."
Thank you again for your interest in the City of Palm Springs and RFP 09-14 for Providing Police
Canine(s)Acquisition and Training.
We look forward to your intervlewl
720669.1
r r
Palm Springs Police Dept.
{
I 1. David Reaver
Mike.Reaver -
CR Smith
Doug Kelley
Gregg Yerington
Daryl Gaunt
Tom Brown
Paul Western
Ron Ramirez
Ed Nicks
Jack Hsu
Jack Reaver
2. Structured training day
Basic Class. Blue Book.Structured daily outline and progress report.
Detection. Course outline, daily progress report.
Monthly.Recent lesson plans. First two weeks of each month as well as each
Wednesday,on site. - - -
Off site.Several in Texas,NM and Arizona.
So Bay
RSD
Kern County Bay Area
No.California
Fresno Co.
Re Cent,Only P.O.S.T.class in state Plan ll. Back fill and per diem.
All contracted agencies,no limit to training days.
3. We maintain a 7 students to one instructor ratio. (POST 8 to 1)
4. All our trainers have been through an 11 week training course,after completing
minimum 5 years handler experience.We do have specific instructors for all of site
training,however,an occasional substitute would be briefed and equally competent.
5. Explain Operant conditioning.All dogs a very much individuals and are handled
accordingly.All good behavior is rewarded, undesirable behavior can vary between
withholding a reward (positive re enforcement)to a strong corrections. (negative re
enforcement). Terms vary by source ofthe information. Pavlov, BF SkinnerJB Watson,
720669.1
i .
1
all the way back to v stephenitz,prior to any scientific explanation for conditioning a dog
to operate as PSD.
6. E collars are not used in our basic class. It is important a proper handler/dog relationship
is in place priorto using inanimate re enforcement.Often collars are introduced as
simply negative re enforcement,up to and including punishment.We do a foundation
course with Pat Nolan,a renowned hunting dog trainer and DOGTRA representative.
7. 1 was the first to base a PSD program using dogs with strong,extensive foundation
training prior to our procurement.
1 introduced guard and bark training to US law enforcement in 1972. 1 was the first,and
1 perhaps the only person to demonstrate our dogs in Federal and Superiors courts.
To date we have prevailed in 100%of every case we presented to a jury.
S. Chemistry is of primary concern.The dog and the handler have to be totally compatible.
We will replace a dog in the first week of a class if we observe poor compatibility.In the
beginning much of the foundation work is more familiar to the dogs than the handlers,
so an emphasis is on handler education.
9. All our instructors provide at least two telephone numbers to new handlers on the first
day of a new class.
10.This has occurred in the past,and we could respond to Palm Springs if an emergency
existed.
21.See attachment.
12. First PSD trained for Long Beach in 1972-73.We have been at our current location since
1975.The second generation of the Reaver family insures the business will be in place
for many years to come.
Our instructors experience far exceed the experience offered by other vendors.
Mr Reaver has been the most'successful,and sought after expert in the field, his success
rate has been 100%on cases presented to Jurors.
Currently,the most difficult part of providing PSD,s and training is the procurement.
Many vendors have a representative in Europe. I personally travel to Europe 8 or 9 times
a year to select our dogs.
We provide dogs and training for Tier 1 military groups in the USA,Canada,England,
Australia,Norway and Germany as well as the FBI SWAT team
Currently Michael Reaver is working with a Tier,1 unit at Fort Bragg, including being
deployed with the unit.-
720669.1
oV. ADLERHORST INTERNATIONAL, INC.
References
For references please feel free to contact any of the following:
Riverside County Sheriff's Office "
Sgt.Anthony Williams
Phone: 951-922-7166 -
Email: adwillia@riversideshenff.org
Address: 50290 Main Street, Cabazon, CA 92230 -
Handlers: 24
Scope: Provide Police Service Dogs—patrol, narcotic detection, explosive detection; Basic
Patrol Training; Narcotics Detection Training; Explosives Detection Training; Monthly
Maintenance Training—both onsite and offsite for patrol, narcotic detection and
explosives detection;Annual Re-Certifications for patrol and detection;Agitator
Seminars;Advanced Agitator Seminars;Tracking Seminars; boarding services; provide
equipment for purchase
LAX Police Department
Sgt. Lindsay
Phone: 310-259-6385
Email: blindsay@lawa.org
Address: Post Office Box 92882, Los Angeles, CA 90009
Handlers: 5
Scope: Provide Police Service Dogs—patrol,explosive detection; Basic Patrol Training;
Explosives Detection Training; Suicide Bomber/Vapor Trail Training; Monthly
Maintenance Training—both onsite and offsite for patrol and explosives detection;
Annual Re-Certifications for patrol and detection;Agitator Seminars;Advanced Agitator
Seminars; boarding services; provide equipment for purchase;We are an official Sole
Source Vendor with LAX PC
.Corona Police Department
Lt. Jon Stofiia
Phone: 951-736-2344
Email: jon.stofila@ci.corona.ca.us
Address. 730 Corporation Yard Way, Corona, CA 92880
Handlers: 5
Scope: Provide Police Service Dogs—patrol,narcotic detection, explosive detection, Basic
Patrol Training; Narcotics Detection Training; Explosives Detection Training; Monthly
Maintenance Training for patrol, narcotic detection and explosives detection;Annual
Re-Cenifications for patrol and detection;Agitator Seminars;Advanced Agitator
Seminars;Tracking Seminars; boarding services;provide equipment for purchase
720669.1
W'[ek�r.0
,fr ADLERHORS T INTERNATIONAL, NC.
Alameda County Sheriffs Department
Sgt, Ray Kelly-Patrol/Narcotics
Sgt. Kenneth King-EOD
Phone: 510-225-5936/510-725-5089
Email: rkelly@acgov.org/kking@acgov.org
Address: 4985 Broder Blvd, Dublin, CA 94568
Handlers: 8
iScope: Provide Police Service Dogs-patrol,narcotic detection, explosive detection; Basic
Patrol Training; Narcotics Detection Training; Explosives Detection Training; Monthly
Maintenance Training-offsite for patrol, narcotic detection and explosives detection;
- Annual Re-Certifications;Agitator Seminars;Advanced Agitator Seminars; provide
equipment for purchase
Escondido Police Department
Sgt. Eric Distel
Phone: 760-802-4213
Email: edistel@ci,escondidc.ca.us
Address: 1163 North Centre City Place, Escondido, CA 92026
Handlers: 7
Scope:—P�^���+=P^iiceSewiceDcgs=patr�Land-nor-cotic.detection;-Basic-P-airnlSsaining;
Narcotics Detection Training; Monthly Maintenance Training for patrol and narcotic
_ detection;Annual Re-Certifications for patrol and detection;Agitator Seminars;
Advanced Agitator Seminars;Tracking Seminars; boarding services; provide
equipment for purchase -
Kern County Sheriffs Office
Sgt. Doug Jauch
Phone:. 661-391-7568
Email: - jauch@kernsheriff.com ,.
..Address: 1350 Norris Road, Bakersfield, CA 93308
Handlers: 6
Scope: Provide Police Service Dogs-patrol and narcotic detection;Basic Patrol Training;'
Narcotics Detection Training; Monthly Maintenance Training for patrol and narcotic
detection;Annual Re-Certifications for patrol and detection;Agitator Seminars;
Advanced Acitator Seminars;Tracking Seminars; provide equipment for purchase
Santa Ana Police Department
Sgt, Mark Kczakowski
Phone: 711-245-8791
Email: mkozakowski@santa-ana.org
Address: 60 Civic Center Plaza, Post Office Box 1983, Santa Ana, CA 92702
Handlers: 5 -
Scope: Provide Police Service Dogs-patrol and narcotic detection; Basic Patrol Training;
Narcotics Detection Training; Monthly Maintenance Training for patrol and narcotic
,. detection;Annual Re-Certifications for patrol and detection;Agitator Seminars;
Advanced Agitator Seminars; Tracking Seminars; boarding services; provide
equipment for purchase
720669,1
Dougf¢s H.KeUcy
91 20461 Sugar guru Rd.
Riverside,Ca.92508
(951)653-5003 *tl2efcelle•+Yanzz(cdhamv¢il.cenz
EDUCATION Graduated from La Sierra High School,Riverside,Ca. 1977.
Attended Riverside Community and San Bernardino Valley Colleges.
September 1977 to June 1999.(Obtained 56 Units).
Graduated Class Valedictorian,July 1999,from California Paramedical
&Technical College,Riverside,Ca
E%FEe@IENCE Pol ce Officer April 1978 to January 1999
Riverside Police Department
Riverside,Ca.
Patrol Officer 7 years
*Field Training Officer and Police Academy Evaluator 4 years
*Special Weapons&Tactics Team(Metro Unit)2 years
* Street Criminal Apprehension Team(SCAT)2 years
* Police Canine Handler 6 years
* School Resource Officer 1 year
*Narcotics Unit(Street naro&Major narc teams)2 years
°Attained rank of Corporal,December, 1990
*Aviation Unit,(Obtained private pilot helicopter rating)2 years.
* Retired with P.O.S.T.Advanced Certificate
Armored car driver/guard November 1999 to April2001
Brinks Inc.San Bemwdino,Ca. (951)889-3626
*Responsible for transferring large sums of money to banks and -
businesses throughout Southern California. Was promoted to
Driver/trainer,which entailed the raining of new hires to Brinks.
Police Canine Academy Instructor Much 2002 to present
Adlerhorst lmt mational Inc.
3951 Vernon Ave.,Riverside, Ca.92509(951)685-2430
°Responsible for teaching the six week basic Handler's course. Also
in charge of developing lesson plans,evaluating and directing
monthly Police K9 maintenance training for over 50 Police Agencies
throughout the State of Califomi&Evaluate Police K9 teams for
their annual P.O.S.T.recertification
PEe'2WTS& *State of California Dept.of Consumer Affairs Guard Registration
LPCENSES Card 0 G 1299629 (Currently expired)
720669.1
Douglas Z Kedey
(Permits&Licenses continued) -
State of California Department of Consumer Affairs Exposed
Firearm Permit 4 FQ 248785(Currently expired)
* State of California Concealed Weapons Permit per 12027a 1 (a)PC
*Federal Aviation Administration Private Pilot Rotorcraft License
i HONORS *Selected Riverside Police Department Special Services Officer of the
iI{iI{ii{j year in 1986(SCAT team)and 1988(Canine handler)
*Riverside Police Department Commander's Commendation for
Bravery &nominated for the Medal of Valor, 1996
I'
720669.1
5lNT6NN4TT0
wJA ADLERHORST INTERNATIONAL, INC.
99A 3951 Vernon Avenue'Jurupa Valley,CA 92509
Tel:{951)68524W-For,(951)68i3639`Emsit AdlerhorslQA� erhoet Com
wx^xAdl.,h.rsU..
��6X--9 ACPOF'
April 7,2014
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs,CA 92262
Regarding: RFP 09-14 Letter Dated April 2,2014 -
Dear Ms. Martin,
Thank you for meeting with us last week. I understand after our meeting,the Evaluation -
Committee had a few questions that require written clarification.
_ 1. Mr. Kelley, who attended the Interview Session with me,will be the City of Palm Spring's
dedicated trainer. Should an issue arise where a backup trainer is needed, either Daryl
Gaunt or I will assist Mr. Kelley.
2. Our Maintenance Training is offered at$1.800 per year,per team. (Your 04/02/14 letter
stated$1,800 per month.) This will include traveling to a location chosen by the City of
Palm Springs one time each month. Your canine teams may attend training as often as
they chose at our facility in Riverside. We offer Patrol Monthly Training the first two full
weeks of each month and every Wednesday. Regardless of how many times you attend
training,the annual charge does not change.
In addition to the patrol training that is included in the annual fee, should your agency
decide to train with us for detection,your canine teams may also attend detection
training at no additional cost. There are three(3)explosives training dates each month.
I hope this clarifies any questions the Evaluation Committee had. Should you have any further
questions or need anything further from us, please do not hesitate to let me know. We look
forward to hopefully working with your agency in the near future. -
Thank you,
6�vfid
President ,
720669.1
EXHIBIT "D"
SCHEDULE OF COMPENSATION
1. German Shepard or Malinois for Police services including academy training and
acceptance criteria prior to delivery:
9,600(dog)+768(tax)+4,200(patrol)+6,200(bomb)
Unit Price per German Shepard: $ 20,768.00
Unit Price per Malinois: $ 20,768.00
2. Labrador or suitable breed for bomb detection services including academy training
and acceptance criteria prior to delivery:
7,300(dog)+584(tax)+6,200(bomb)
Unit Price per Labrador or: $ 14,084.00
Suitable breed
3. Annual Certification for Dog/Handler Team: $ 188.00- Patrol 1350 - Detection
Certification Price per Team:
4. Bi-weekly Evaluation and Training for Police $ 1,800.00
Service (Not Bomb Detection) per team (There would be no additional charge for attending
for a total of 24 sessions. (*see note below) bomb training as well as patrol training)
5. K-9 Administrator Training as needed $ 400.00
at the academy or the department per session: 40 Hour"Handler Development Course"
6. Remedial training at the Academy per team $ Included in the $1,800.00
per session:
*Note: 24 training sessions per team, per year, of which at minimum 12 of the sessions for
each team shall be held in the Coachella Valley.
720669.1
EXHIBIT "E"
SCHEDULE OF PERFORMANCE
Adlerhorst, at all times, has an ample supply of quality canines at our facility that are available for
purchase. However, should a client not find a suitable canine, we make procurement trips to Europe
approximately every six weeks.
Basic Handler Course: 240 hours of intensive training for law enforcement personnel in the
handling, deployment and care of a PSD.
Explosives Detection Course: 280 hour course based on actual and real world applications
designed to provide training and the support necessary for K9 teams to be successful both on the
streets and in the courts.
Annual Detection Re-Certification: 16 hour course to Re-Certify and ensure K9 Detection Teams
maintain all skills necessary to successfully locate and alert any and all desired scents in various
situations.
Annual Patrol Re-Certification: 24 hour POST Certified course offered through Riverside Sheriff's
Office and the Ben Clark Training Center.
Monthly Maintenance Training for Patrol: conducted every Wednesday and the first two full weeks
of each month. 24 training sessions per team, per year, of which at minimum 12 of the sessions
for each team shall be held in the Coachella Valley.
Handler Development Course: 40 hour technical course designed for law enforcement dog
handlers,their supervisors, administrators and risk managers.
Remedial Training provided as required.
720669.1
tNiERN4t110
w f ADLERHORST INTERNATIONAL, INC.
a 3951 Vernon Avenue'Jurupa Valley,CA 92509
Tel:(961)685-2430'Fax:(951)685-3630'Email:AdlerhomtQAAlerhorst.Com
w .Adlerhorstcom
%%FK-9 Asir
January 8, 2014
City of Palm Springs
Procurement and Contracting Department
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Attention: Cheryl Martin, CPPB, Procurement Specialist I
Regarding: RFP 09-14, Requests for Proposals for
Providing Police Canine(s) Acquisition and Training Services
Dear Ms. Martin,
We appreciate this opportunity to provide the City of Palm Springs Police Department with a
proposal for police canine acquisition and training services. On the following pages, you will
find a detailed description of the services we offer and the associated costs as set forth in your
Request for Proposals package.
As a corporation, with over 35 years of experience, we are qualified and ready to assist your
canine unit in training and development. Our training director, David Reaver, has over 45 years'
experience in training dogs; over 35 of those years are in police service dog training. Each of
our instructional staff has been or currently is a police service dog handler.
Because of our high training standards that set the precedent for PSD Training Programs, we
have prevailed in every case we have placed in front of a jury to date. We offer this success in
the courts to you for no extra charge when your teams are part of our Monthly Maintenance
Training Program.
Upon review, should you have any questions or concerns, please do not hesitate to contact our
office at 951.685.2430. We would be happy to address any issues you have either on the
phone or in person at our facility.
Thank yo
Dave Re er
President
=o�.,M...,,ro
ADLERHORST INTERNATIONAL, INC.
Technical / Work Proposal
ow .wb` ADLERHORST INTERNATIONAL, INC.
"rrgK�n
Section A
A. 1
Attachment "A"
Attachment "B"
ATTACHMENT "A"
`THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL
(Envelope #1)`
REQUESTS FOR PROPOSALS RFP 09-14
PROVIDING POLICE CANINE ACQUISITION AND TRAINING SERVICES
SIGNATURE AUTHORIZATION
NAME OF COMPANY(PROPOSER):
Adlerhorst International, Inc.
BUSINESS ADDRESS: 3951 Vernon Avenue, Juru an Valley, CA 92509
TELEPHONE: 951-685-2430 CELL PHONE 951-212-9233 FAX 951-685-3630
CONTACT PERSON David Reaver EMAIL ADDRESS DReaver(a)Adlerhorst.com
A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the
above listed individual or company. I certify that I have the authority to bind myself/this company in a
contract should I be successful in my proposal.
Philippa Reaver, Vice President/ Treasurer
PRINTED NAME AND TITLE
SIGNATURE AND DATE
B. The following information relates to the legal contractor listed above, whether an individual or a
company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
_An individual;
A partnership, Partners' names:
_A company;
X A corporation
2. My tax identification number is: 33-0057314
CHECK IF THE FOLLOWING STATEMENT APPLIES:
My firm/company is a Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of
current business license from a jurisdiction within the Coachella Valley is required to be attached to
this document in order to request the Local Preference.
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment
with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-
responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s) # is/are hereby acknowledged.
13
ATTACHMENT"B"
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALIWORK
PROPOSAL (Envelope#1)*
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY
PROPOSER AND SUBMITTED WITH PROPOSAL
STATE OF CALIFORNIA) ss
COUNTY OF RIVERSIDE)
The undersigned, being first duly sworn, deposes and says that he or she is
V.Praciriant Of Adlerhomt Intarnatinnal Inn the party making the
foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is
genuine and not collusive or sham, that the Proposer has not directly or indirectly induced or solicited any
other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired,
connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall
refrain from Proposing, that the Proposer has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any
other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other
Proposer, or to secure any advantage against the public body awarding the contract of anyone interested
in the proposed contract; that all statements contained in the Proposal are true, and, further, that the
Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or
the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to
any corporation, partnership, company, association, organization, Proposal depository, or any other
member or agent thereof to effectuate a collusive or sham Proposal.
By Philippa Reaver ���
Title: Vice President/Treasurer
Subscribed and sworn to before me this day of 2014.
State of California County of Riverside
Subscri ed and sworn to(or a rmed)before me
by � , p o i�P �^ MONNA M. LOWE
Commission #r 2000925
proved to me on the basis of satisfactory eviden = �' Notary Public -California z
to be theist whoa Riverside fi
i e County D
Signatur str Ore mB /_/ M Comm- res Jan 10,2017
14 Revised: 6/16/10
720669A
=do1MR9MV T
ADLERHORST INTERNATIONAL, INC.
•k9I<�
Section A
A.2
Firm's Background and Qualifications
OWN",
9 ADLERHORST INTERNATIONAL, INC.
s � .
Qualifications and Experience
Qualifications
Since 1976, Adlerhorst has provided quality Police Service Dogs to over 500 law enforcement
agencies in the United States and several foreign countries around the world. We have evolved
into being one of the largest private Police Dog Schools in the world. During this era, we have
introduced many theories and techniques that are considered state of the art today.
We offer an optimal combination of law enforcement and canine experience. All of our staff has
a minimum of ten years' experience training police service dogs. Three of our instructors are
former police canine supervisors and four are former handlers with law enforcement agencies.
Our instructors are certified California P.O.S.T. evaluators, as well community college
instructors.
Our training director, David Reaver, has over 45 years' experience both in the United States and
in Europe training dogs; 35 of those years are police service dog training. He has a Lifetime
Teaching Credential from the State of California with a specialty in Police Science.
We are the innovators of procuring dogs with a strong genetic as well as a working background.
During our procurement trips, which are made approximately every six weeks, each dog is
comprehensively tested, personally, by David Reaver. Many European handlers / trainers
consider our testing process the most comprehensive they have observed. The techniques and
testing standards we have introduced over the years have caused many European agencies to
reassess their testing and procurement policies.
Not only do we provide the highest quality canines and training that sets the precedent for PSD
Training Programs, we also bring our success in the courts. The landmark Vera Cruz v
Escondido case, placing the dog as less than lethal, was defended by Mr. Reaver's expert
testimony. For those enrolled in our maintenance program, we feel it is our responsibility to
provide expert testimony and assist our client's attorneys in any litigation involving the PSD
program. To date we have prevailed in every case we placed in front of a juryl
10.
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Partial Current Client List
All of the clients below not only purchase canines from Adlerhorst, they also attend our Basic
Handler Courses, Detection Courses and Monthly Training.
Alameda County Sheriff's Office Monterey Park Police Department
Alhambra Police Department Ontario Police Department
Baldwin Park Police Department Orange County Sherifrs Office
Barstow Police Department Orange County Probation
BART Orange Police Department
Bell Gardens Police Department Pasadena Police Department
Brea Police Department Pomona Police Department
Buena Park Police Department Rialto Police Department
Burbank Police Department Riverside Police Department
Chino Police Department Riverside Sheriff's Office
Corona Police Department San Manuel Police Department
Costa Mesa Police Department Santa Ana Police Department
El Segundo Police Department Santa Monica Police Department
Escondido Police Department Siskiyou County Sheriffs Department
Hawthorne Police Department Torrance Police Department
Huntington Beach Police Department U.S. Forest Service (Throughout Northern
Huntington Park Police Department and Southern California)
Inglewood Police Department Vernon Police Department
Irvine Police Department West Covina Police Department
Lake County Police Department Whittier Police Department
LAX Police Department
Los Angeles Coroner
Los Angeles School Police Department
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Section A
A.3
Sub-Contractors / Contractors
There will be neither sub-contractors nor contractors
utilized to make up our team.
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Section A
A.4
Key Staff / Team Members
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1A1
Key Personnel
Tom Brown has worked for the Pasadena Police Department for the last twenty-five years.
After decoying for five years, he worked a cross-trained patrol dog for nine years. Mr. Brown
has been a trainer for Adlerhorst since 2008 after completing the Post Evaluators Course.
Daryl Gaunt began working with dogs by decoying for Inglewood Police Department in 1978.
He also worked with the Los Angeles Schutzhund Club where he held the position of Vice
President and Assistant Training Director. He then went on to the Army for eight years and
was a military dog handler for four of those years. He has worked as a Deputy Sheriff for Los
Angeles County since 1991 and has been assigned to the canine unit since 2003. He is
currently working a SWAT Patrol and Explosive Detection Dog. Mr. Gaunt has been a trainer
with Adlerhorst since 2010.
Doug Kelley was a Police Officer for twenty years and a police service dog handler for seven.
He has been an instructor for Adlerhorst since 1999.
C.R. Smith became a handler in 1981 and ultimately the supervisor for a Los Angeles area K-9
unit. He began instructing for Adlerhorst part time in 1985. Since his retirement from law
enforcement he has been a full time instructor for Adlerhorst as well as the SKIDDS School.
Gregg Yerington has twenty-three years of law enforcement experience; eight years working a
dual purpose canine and swat unit. Gregg Yerington started working at Adlerhorst in 1991 and
he is currently our lead detection instructor. Additionally, Mr. Yerington assists with detection
and patrol maintenance as well as the annual re-certifications
Curriculum Vitae
David Reaver
3951 Vernon Ave.
Riverside, Ca. 92509
Tel. (951) 685 2430 Fax (951) 685 3630
www.adlerhorst.coni Adlerhorst adlerhorst.com
PERSONAL
Mr. Reaver became involved with Police Dog Training in 1960 in Germany and Holland where he
assisted in training Police and Sport Dogs while training several dogs of his own.
Upon returning to this country he continued his education in the area of working dogs and returned
to Europe frequently for updated training. He became involved in the Schutzhund sport in this
country during its forming stages in 1972. He was training director and held office in several
Schutzhund Clubs.
During the 1970's he became aware of a procurement and training program used by most law
enforcement agencies that had not changed in many years. As an extension of his interest in dogs
he set out to introduce more current techniques from Europe.
ACCOMPLISHMENTS
Founder and president of Adlerhorst International Inc.
Since 1976 more than 5,000 dogs have been trained for police service at our facility. This includes
patrol, narcotics, explosives, arson, search & rescue as well as IED detection dogs for route
clearance and the first suicide bomber dogs in this Country.
First to implement a program based on importing pre trained dogs. This has proven to be the most
cost effective method of providing dogs and training. This is now the industry standard.
Provided dogs for over 450 law enforcement agencies.
Introduced the guard & bark deployment to law enforcement in 1976.
First in California to have a comprehensive written standard of performance.
First to do a practical police dog demonstration in Superior and Federal Courts. This has evolved
into being qualified for courts in California, Arizona, New Mexico, Oregon, Washington, Idaho, Ohio
and Kansas as an expert in dog behavior, training and deployment of police service dogs, as well as
detection dogs and privately owned dogs. With an additional qualification as a dog bite expert.
Testified in two appellate decisions favorable to law enforcement, Estes Vs California Department of
Corrections and Vera Cruz Vs Escondido. In all cases involving our training, allegations of
negligence in training or deployment were never sustained.
From 1982 to 1988 he took a team of 5 American Police Dog Handlers to the International Police
Dog Championships in Germany. Acted as team captain and trainer, as well as an American
representative to the International Police Dog Congress meeting conducted in conjunction with the
competition. Twice during the competition we received an award for the top tracking score.
Mr. Reaver was a reserve police officer from 1977 to 1997. In that capacity he has acted as
department trainer for Fontana Police Department. Additionally, he was assigned to the
S.W.A.T team as a dog handler.
Holds a lifetime teaching credential from The California Community Colleges for Police Science.
This includes all aspects of police dog training as well as instruction in weaponless defense (Judo).
Has instructed for Chaffee College, Riverside Community College, Rancho Santiago College, Rio
Curriculum Vitae
David Reaver
Hondo College, Riverside Sheriffs Department and the Orange County Sheriffs Department in
P.O.S.T. certified classes. Additionally he has conducted P.O.S.T. equivalent classes in Texas, New
Mexico, Idaho, Oregon &Arizona.
Developed first P.O.S.T. certified canine related class in 1984. Currently instructs in, or provides
instructors for four P.O.S.T. certified classes in California, as well as P.O.S.T. equivalent re
certification classes in New Mexico &Arizona.
Consulted with and exchanged information with representatives from police dog schools in
Germany, Holland, Sweden, Denmark, Norway, Mexico, Luxembourg, Brazil, France, Belgium,
Czech Republic, Slovakia, Russia, Australia, Canada, Great Britain, Japan & China
Published numerous articles on police dog training and deployment.
Our training program was selected by the U.S. Department of Justice, Civil Rights Division as the
model for Police Service Dog training in the United States.
LANGUAGES
Conversant in both the German and the Dutch languages.
MEMBERSHIP ORGANIZATIONS
German Shepherd Dog Club
United Schutzhund Clubs of America
Schaferhunde Verein (SV)(German Shepherd Dog Club of Germany)
K.N.P.V. (Royal Netherlands Police Dog Association)
D.V.G. (German all breed working dog club)
Inland Empire Police Canine Association
Orange County Police Canine Association
Los Angeles County Police Canine Association
California Narcotics Officers Canine Association
United States Judo Association
United States Martial Arts Association.
Oregon Police Canine Association
Arizona Law Enforcement Canine Association
National Police Canine Association
LICENSES&CERTIFICATES
California Lifetime Teaching Credential.
Certified California P.O.S.T. Instructor.
P.O.S.T. Evaluator.
German Kennel Club Certificate of Merit.
D.E.A. licensed.
Certified Judo Instructor. U.S.J.A.
Licensed Electrical Contractor, State of California.
A.T.F. Licensed.
California Highway Patrol licensed to transport explosives for training.
Instructor Rancho Santiago Valley College
Instructor Riverside County Sheriffs Department POST Classes
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Section B
BA
Intentionally Left Blank
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Section B
B.2
Project Scope, Canine Acquisition
and Lead Times
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Project Scope, Canine Acquisition and Lead Times
The City of Palm Springs is seeking a vendor to supply Police Service Dogs for Police Patrol work and
/ or Explosives Detection. These canines must be in good health, free of any defects either
congenital or physical. Canines must be under three years old and possess prior training suitable for
police work. Canines should have excellent obedience and agility with the ability to track, search in
different environments, protect the handler, and apprehend suspects. All canines are to be vet
inspected prior to acceptance. Each canine will be guaranteed for a time period of not less than one
year against any congenital and /or performance issues.
In addition to supplying canines, the City of Palm Springs also requires a vendor that can provide
training. Initial Patrol Training and Explosives Detection Training are required for any new dogs. For
existing dogs, Monthly Maintenance Training for patrol is needed. K9 Teams will meet once per
month at the vendor's facility and one more time each month within Coachella Valley. Should any
issues arise, vendor should be available for 24-hour emergency assistance as well as provide
remedial training. On an annual basis, vendor should offer Patrol Re-Certification as well as
Explosives Detection Re-Certification courses. In addition to training for K9 Teams, vendor should
offer training for administration and/or decoys.
Adlerhorst, at all times, has an ample supply of quality canines at our facility that are available for
purchase. However, should a client not find a suitable canine, we make procurement trips to Europe
approximately every six weeks.
There are six Basic Handler Courses for new patrol K9 Teams offered each year. The Handler
Development Course for administration and the Agitator and Advanced Agitator Seminars for decoys
are offered during each of the Basic Handler Courses. Seven Explosives Detection Courses are
offered on an annual basis. While attending any of our courses, officers earn college credit through
Santa Ana College.
Monthly Maintenance Training for Patrol is conducted every Wednesday and the first two full weeks of
each month; approximately 12 days. Adlerhorst does not charge any additional cost to attend
detection training in addition to patrol training. Upon entering a contract for monthly maintenance
training, Adlerhorst will also provide expert testimony and assist our client's attorneys in any litigation
involving the PSD program at no charge. To date we have prevailed in every case we placed in front
of a jury!
Each year, Explosives Detection Re-Certification is offered three times while Patrol Re-Certification is
conducted six times. The Patrol Re-Certification is hosted by Riverside Sheriffs Ben Clark Training
Center and is a P.O.S.T. Certified, Plan 11 course. All training and testing is done by Adlerhorst staff.
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ADLERHORST INTERNATIONAL, INC.
Section B
B.3
"Key" or "Critical" Issues
No "Key or Critical Issues" foreseen
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Section C
CA
References
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References
For references please feel free to contact any of the following:
Riverside County Sheriffs Office
Sgt. Anthony Williams
Phone: 951-922-7166
Email: adwillia@riversidesheriff.org
Address: 50290 Main Street, Cabazon, CA 92230
Scope: Provide Police Service Dogs— patrol, narcotic detection, explosive detection; Basic
Patrol Training; Narcotics Detection Training; Explosives Detection Training; Monthly
Maintenance Training —both onsite and offsite for patrol, narcotic detection and
explosives detection; Annual Re-Certifications for patrol and detection; Agitator
Seminars; Advanced Agitator Seminars, Tracking Seminars; boarding services; provide
equipment for purchase
LAX Police Department
Sgt. Lindsay
Phone: 310-259-6385
Fax: 310-646-9233
Email: blindsay@lawa.org
Address: Post Office Box 92882, Los Angeles, CA 90009
Scope: Provide Police Service Dogs— patrol, explosive detection; Basic Patrol Training;
Explosives Detection Training; Suicide Bomber/Vapor Trail Training; Monthly
Maintenance Training— both onsite and offsite for patrol and explosives detection;
Annual Re-Certifications for patrol and detection; Agitator Seminars; Advanced Agitator
Seminars; boarding services; provide equipment for purchase; We are an official Sole
Source Vendor with LAX PD
Corona Police Department
Lt. Jon Stofila
Phone: 951-736-2344
Fax: 951-279-3794
Email: jon.stofila@ci.corona.ca.us
Address: 730 Corporation Yard Way, Corona, CA 92880
Scope: Provide Police Service Dogs— patrol, narcotic detection, explosive detection; Basic
Patrol Training; Narcotics Detection Training; Explosives Detection Training; Monthly
Maintenance Training for patrol, narcotic detection and explosives detection; Annual
Re-Certifications for patrol and detection; Agitator Seminars; Advanced Agitator
Seminars; Tracking Seminars; boarding services; provide equipment for purchase
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Alameda County Sheriffs Department
Sgt. Ray Kelly— Patrol / Narcotics
Sgt. Kenneth King — EOD
Phone: 510-225-5936 /510-725-5089
Fax: 510-667-3626
Email: rkelly@acgov.org /kking@acgov.org
Address: 4985 Broder Blvd, Dublin, CA 94568
Scope: Provide Police Service Dogs— patrol, narcotic detection, explosive detection; Basic
Patrol Training; Narcotics Detection Training; Explosives Detection Training; Monthly
Maintenance Training — offsite for patrol, narcotic detection and explosives detection;
Annual Re-Certifications; Agitator Seminars; Advanced Agitator Seminars; provide
equipment for purchase
Escondido Police Department
Sgt. Eric Distel
Phone: 760-802-4213
Fax: 760-746-0612
Email: edistel@ci.escondido.ca.us
Address: 1163 North Centre City Place, Escondido, CA 92026
Scope: Provide Police Service Dogs— patrol and narcotic detection; Basic Patrol Training;
Narcotics Detection Training; Monthly Maintenance Training for patrol and narcotic
detection; Annual Re-Certifications for patrol and detection; Agitator Seminars;
Advanced Agitator Seminars; Tracking Seminars; boarding services; provide
equipment for purchase
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Section D
D.1
Local Preference
Adlerhorst is not located within Coachella Valley.
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The Cost Proposal
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Section E
E.1
Attachment "C"
and
Explanation
ATTACHMENT "C"
*THIS FORM MUST BE COMPLETED AND SUBMITTED IN A SEPERATELY SEALED
ENVELOPE#2 "Cost Proposal', NOTwith Envelope#1, Technical/Work Proposal*)
REQUEST FOR PROPOSAL RFP 09-14
POLICE CANINE(S) ACQUISITION AND TRAINING SERVICE
COST PROPOSAL
Responding to Request for Proposal No. 09-14 Police Canine Acquisition and Training Service,
I/WE will accept the following payment for providing all canine(s) and pre-training of acanine(
s)
prior to delivery; on-going training after delivery, health certification supervision, 24 hour
emergency assistance, for the acquisition and training of canines for police patrol or bomb
detection. The undersigned Proposer proposes and agrees to provide all work and services
necessary to deliver Police and/or Bomb Detection Canine(s) and training services as defined in
the Scope of Work herein.
1. German Shepard or Malinois for Police services including academy training and
acceptance criteria prior to delive :
9,600 (dog + 768 (tax) +4,200 (patrol) + 6,200 (bomb)
Unit Price per German Shepard: $ 20,768.00
Unit Price per Malinois: $ 20.768.00
2. Labrador or suitable breed for bomb detection services including academy training
and acceptance criteria prior to delivery:
7,300 (dog) + 584 (tax) + 6,200 (bomb)
Unit Price per Labrador or: $ 14,084.00
Suitable breed
3. Annual Certification for Dog/Handler Team: $ 188.00 - Patrol /350 - Detection
Certification Price per Team:
4. Bi-weekly Evaluation and Training for Police $ 1,800.00
Service (Not Bomb Defection) per team (There would be no additional charge for attending
for a total of 24 sessions. (*see note below) bomb training as well as patrol training)
5. K-9 Administrator Training as needed $ 400.00
at the academy or the department per session: 40 Hour"Handler Development Course"
6. Remedial training at the Academy per team $ Included in the $1,800.00
per session:
*Note: 24 training sessions per team, per year, of which at minimum 12 of the sessions for
each team shall be held in the Coachella Valley.
15 Revised: 6/16/10
'd0669 1
3 ADLERHORST INTERNATIONAL, INC.
Cost Proposal Explanation
for
RFP 09-14
Total
Section Description Unit Cost with Tax
1 German Shepherd or Malinois for Police Service....... $ 20,000 $ 20,768.00
1a Police Service Dog—Dual Purpose Patrol and Detection............. $ 9,600 $ 10,368.00
• A German Shepherd or Belgian Malinois chosen specifically to
meet all of your agency's needs. Canines have a European
working title.
• Hips, backs and elbows are x-rayed and a vet check is done in
Europe prior to shipping.
• Canine will possess the qualities needed to be an assistant to
law enforcement and the general public as well as meet or
exceed any current detection standards, including but not
limited to California P.O.S.T, SWGDOG, NPCA and CNCA.
• Guaranteed against all congenital and performance issues for
12 months.
1b Basic Handler Course....................................................................... $ 4,200 $ 4,200.00
• 240 hours of intensive training for law enforcement personnel in
the handling, deployment and care of a PSD.
• Upon successful completion graduates will be able to
operationally handle a PSD as an assistant to law enforcement
and the general public.
• Graduate students receive a certificate.
• Canine receives an internationally recognized title, APSD 1
• This is a community college course with 5 college credits.
(California residents only)
• Training to include, but is not limited to-
o Theoretic Instruction
• History of the species canine.
• Chronological history of the use of dogs in Police
Service.
• Canine behavior.
• How the dog learns.
• Training objectives and techniques.
• Theory and techniques to enhance agitatoribelper
skills
• Instruction in types and proper utilization of training
equipment.
• Health, care and feeding of the PSD.
• Current case law and legal parameters involved in the
use of a PSD.
• Preparing for court appearances.
• Preparing and maintaining training records.
o Practical Instruction
• Safety during training.
• Understanding the PSD's abilities and leaming
process.
• Guard and bark training done property.
• Enhance alerts.
• Develop confrontational behavior.
• Accelerate transitional training.
• Reading, understanding and proper reaction to dogs
alerts.
• Evidence search.
• Area search.
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• Directed search.
• Building search
• Proper use of all training equipment.
• Proper handling of surveillance, searches, arrests and
transporting of suspects.
• Working with other Police Officers.
• Understanding the handlers responsibility to insure all
deployments are done within your agency's policy and
procedures manual
7c Explosives Detection Course........................................................... $ 6,200 $ 6,200.00
• 280 hour course based on actual real world applications
designed to provide training and the support necessary for K9
teams to be successful both on the street and in the courts.
• We will train for passive alert
• Canine teams are guaranteed to meet or exceed any current
standards, including but not limited to California P.O.S.T.,
SWGDOG, NPCA and CNCA.
• Using actual explosives, no pseudo odors, K9 teams will be able
to locate residual odors to extremely large quantities in all
environments and conditions.
• Graduate students receive a certificate.
• The dogs receive an internationally recognized title,APND f.
• This is a community college course(California residents only)
• Training to include, but is not limited to:
o Theoretic Instruction
• Safety
• Detection terms and definitions
• Search techniques
• Concealment Techniques
• Detection Dog drive manipulation
• Scent properties and associations
• Cone patterns of Detection Dog searches
• K9 indication, response and the reward
• The olfactory abilities and capabilities of a detection
dog
• Principals of obedience and endurance conditioning
• Emergency care and first aid for K9
• Training Aid Storage, Maintenance, and Accountability
• Explosives search and seizure case law
o Practical Instruction
• Applicable safety precautions
• Detection dog detection terms and definitions
• Proper search techniques
• Individual detection dog indicators, behavior and
tendencies
• Final response to locating explosives and when to
reward
• Preparation for the written examination
• Preparation for the final certification
• Indicators that a vehicle may be used to accommodate
contraband
• Searching residences, buildings, rooms, stalls, animal
habitats, storage rooms, vehicles, parcels including but
not limited to boxes, bags, suitcases and also open
areas where explosives may be buried
2 Labrador or Suitable Breed for Bomb Detection........ $ 13,500 $ 14,084.00
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2a Service Dog—Single Purpose Detection........................................ $ 7,300 $ 7,865.75
• A German Shepherd, Belgian Malinois, German Shorthaired
Pointer or Labrador Retriever chosen specifically to meet all of
your agency's needs. Dave Reaver works closely with each
agency to determine their requirements for a PSD.
• Canines have a European working title.
• Hips, backs and elbows are x-rayed and a vet check is done in
Europe prior to shipping.
• Canine will possess the qualities needed to meet or exceed any
current detection standards, including but not limited to
California P.O.S.T., SWGDOG, NPCA and CNCA.
• Guaranteed against all congenital and performance issues for
12 months.
2b Explosives Detection Course........................................................... $ 6,200 $ 6,200.00
• 280 hour course based on actual real world applications
designed to provide training and the support necessary for K9
teams to be successful both on the street and in the courts.
• We will train for passive alert
• Canine teams are guaranteed to meet or exceed any current
standards, including but not limited to California P.O.S.T,
SWGDOG, NPCA and CNCA.
• Using actual explosives, no pseudo odors, K9 teams will be able
to locate residual odors to extremely large quantities in all
environments and conditions.
• Graduate students receive a certificate.
• The dogs receive an internationally recognized title, APND 1.
• This is a community college course(California residents only)
• Training to include, but is not limited to:
o Theoretic Instruction
• Safety
• Detection terms and definitions
• Search techniques
• Concealment Techniques
• Detection Dog drive manipulation
• Scent properties and associations
• Cone patterns of Detection Dog searches
• K9 indication, response and the reward
• The olfactory abilities and capabilities of a detection
dog
• Principals of obedience and endurance conditioning
• Emergency care and first aid for K9
• Training Aid Storage, Maintenance, and Accountability
• Explosives search and seizure case law
o Practical Instruction
• Applicable safety precautions
• Detection dog detection terms and definitions
• Proper search techniques
• Individual detection dog indicators, behavior and
tendencies
• Final response to locating explosives and when to
reward
• Preparation for the written examination
• Preparation for the final certification
• Indicators that a vehicle may be used to accommodate
contraband
• Searching residences, buildings, rooms, stalls, animal
habitats, storage rooms, vehicles, parcels including but
not limited to boxes, bags, suitcases and also open
areas where explosives may be buried
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3 Annual Certifications— Detection & Patrol ................. $ 538 $ 538.00
3a Annual Detection Re-Certification....................................................... $ 350 $ 350.00
• 16 hour course to Re-Certify and ensure K9 Detection Teams
maintain all skills necessary to successfully locate and alert any
and all desired scents in various situations.
3b Annual Patrol Re-Certification**.......................................................... $ 188** $ 188.00**
• Adlerhorst's Annual Patrol Re-Certification is a 24 hour POST
Certified course offered through Riverside Sheriffs Office and
the Ben Clark Training Center.
• Cost is$188 per team
• Contact Ben Clark Training Center at 951-486-7515 for
scheduling and class enrollment
4 Bi-Weekly Evaluation and Training.............................. $ 1,800 $ 1,800.00
4 Monthly Maintenance Training......................................................... $ 1,800 $ 1,800.00
• At a minimum, program includes a complete comprehensive
training block each month with an emphasis on problem solving
and keeping the dogs "clean”with strong alerts.
• Additional training days are available as necessary. No limit on
trainina sessions.
• Each problem area noted by the handler, supervisor or an
instructor will be addressed during the current training session.
• Our maintenance training is conducted by an experienced,
competent person, certified by P.O.S.T., as well as our much
higher standards.
• A written evaluation is forwarded to your supervisors after each
training session.
• We use techniques that have proven successful both in the field
and the courtroom.
• All training sessions have a defined lesson plan. The canine
supervisor will receive a copy of each lesson plan as well as a
written evaluation for each session.
• All successful participants are guaranteed to pass P.O.S.T.
standards as well as our more difficult 24 hour P.O.S.T. re-
certification.
• Participation in the most popular and comprehensive agitator/
role playing suspect training in the industry.
• All of our training classes have a comprehensive written
standard. Our training titles have been accepted in courts both
nationally and internationally. Copies of our standards are
available upon request.
• Our program offers eleven onsite training days for patrol dogs
and two training days for explosive dogs monthly in Southern
California. Additionally we send qualified instructors to locations
in Northern California, Oregon, Arizona, New Mexico and
Texas.
• Expert witness testimony is available /provided for all of our
maintenance clients at an expenses only" cost. To date, we
have been involved in over 100 cases...all adjudicated in our
favor. (Vera Cruz vs. Escondido our case). A list of our clients
for expert witness testimony is available upon request.
• ` Please note, teams may attend detection training at no
additional charge""
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6 K-9 Administrator Training as Needed........................ $ 400 $ 400.00
5 Handler Development Course.......................................................... $ 400 $ 400.00
• 40 hour technical course designed for law enforcement dog
handlers, their supervisors, administrators and risk managers.
• This in-depth class covers a variety of information to increase
your program's efficiency while decreasing your liability.
• Topics include, but are not Limited to:
• The species canine and the law enforcement canine,
chronological history.
• Haw the dog teams.
• The application to law enforcement.
• Field tactics.
• Officer Safety.
• Veterinary care.
• Legal aspects. Case law past and recent.
• Guard & bark, what is best for your agency. Includes
practical hands on demonstrations and applications.
• Techniques to change over to guard&bark.
• Techniques to enhance guard&bark.
6 Remedial Training......................................................... $ 0* $ 0.00*
6 Remedial Training is included in the cost of Maintenance Training
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April 7, 2014
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Regarding: RFP 09-14 Letter Dated April 2, 2014
Dear Ms. Martin,
Thank you for meeting with us last week. I understand after our meeting, the Evaluation
Committee had a few questions that require written clarification.
1. Mr. Kelley, who attended the Interview Session with me, will be the City of Palm Spring's
dedicated trainer. Should an issue arise where a backup trainer is needed, either Daryl
Gaunt or I will assist Mr. Kelley.
2. Our Maintenance Training is offered at $1,800 per year, per team. (Your 04/02/14 letter
stated $1,800 per month.) This will include traveling to a location chosen by the City of
Palm Springs one time each month. Your canine teams may attend training as often as
they chose at our facility in Riverside. We offer Patrol Monthly Training the first two full
weeks of each month and every Wednesday. Regardless of how many times you attend
training, the annual charge does not change.
In addition to the patrol training that is included in the annual fee, should your agency
decide to train with us for detection, your canine teams may also attend detection
training at no additional cost. There are three (3) explosives training dates each month.
hope this clarifies any questions the Evaluation Committee had. Should you have any further
questions or need anything further from us, please do not hesitate to let me know. We look
forward to hopefully working with your agency in the near future.
Thank you,
vid Re ,
President
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ADLERHORST INTERNATIONAL, INC.
a 3951 Vernon Avenue'Jurupa Valley,CA 92509
Tel:(951)885-2430'Fax:(951)6853830'Email:AdlerhorsloAdlerhorsl.Com
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April 7, 2014
City of Palm Springs
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
Regarding: RFP 09-14 Letter Dated April 2, 2014
Dear Ms. Martin,
Thank you for meeting with us last week. I understand after our meeting, the Evaluation
Committee had a few questions that require written clarification.
1. Mr. Kelley, who attended the Interview Session with me, will be the City of Palm Spring's
dedicated trainer. Should an issue arise where a backup trainer is needed, either Daryl
Gaunt or I will assist Mr. Kelley.
2. . Our Maintenance Training is offered at$1,800 per year, per team. (Your 04/02/14 letter
stated$1,800 per month.) This will include traveling to a location chosen by the City of
Palm Springs one time each month. Your canine teams may attend training as often as
they chose at our facility in Riverside. We offer Patrol Monthly Training the first two full
weeks of each month and every Wednesday. Regardless of how many times you attend
training, the annual charge does not change.
In addition to the patrol training that is included in the annual fee, should your agency
decide to train with us for detection, your canine teams may also attend detection
training at no additional cost. There are three (3) explosives training dates each month.
I hope this clarifies any questions the Evaluation Committee had. Should you have any further
questions or need anything further from us, please do not hesitate to let me know. We look
forward to hopefully working with your agency in the near future.
Tak
avi raver,
Presid nt
CITY OF PALM SPRINGS, CA
NOTICE INVITING PROPOSALS
FOR
PROVIDING POLICE CANINE(S) ACQUISITION AND TRAINING SERVICES
(RFP 09-14)
NOTICE IS HEREBY GIVEN that Request for proposals (RFP 09-14), for providing Police
Canine(s) and Training Services for the City of Palm Springs, CA will be received at the Office
of Procurement & Contracting, City Hall, 3200 East Tahquitz Canyon Way, Palm Springs,
California, before 3:00 P.M. Local Time, THURSDAY, JANUARY 09, 2014. Proof of receipt
before the deadline is a City of Palm Springs, Division of Procurement and Contracting
time/date stamp. It is the responsibility of the Proposer to see that any proposal sent through
the mail, or by any other delivery method, shall have sufficient time to be received by the
Procurement Office prior to the proposal due date and time. Note that City Hall is open Monday
thru Thursday and is closed every Friday, weekends and holidays. Late proposals will be
returned unopened.
PROJECT LOCATION: City of Palm Springs, Police Department 200 S. Civic Drive, Palm
Springs, CA. 92264.
DESCRIPTION OF WORK: The vendor will provide police canine(s) of the necessary physical
traits and health and the necessary psychological temperament for police patrol and/or
explosive detection. The vendor will provide academy training services necessary to condition
the canine(s) for police patrol or bomb detection via achievement of P.O.S.T. certification and
City of Palm Springs Police Department standards; as well as Monthly Maintenance training
and Yearly Certifications for up to five (5) canines with all necessary materials and equipment.
OBTAINING RFP DOCUMENTS AND ADDENDA: The RFP document may be downloaded
via the internet at www.palmspringsca.gov (go to Government, Departments, Procurement,
Open Bids & Proposals), or by calling the Office of Procurement and Contracting, (760) 322-
8373. Upon downloading the RFP via the internet, contact Cheryl Martin, Procurement
Specialist I, via email at Cheryl.Martin@palmspringsca.gov to register as a firm interested in this
project. Failure to register may result in not receiving addenda to the RFP. Failure to
acknowledge addenda to the RFP may render your proposal as non-responsive.
SELECTION PROCESS AND AWARD OF CONTRACT: This solicitation has been developed
in the Request for Proposals (RFP) format. Accordingly, firms should take note that multiple
factors as identified in the RFP will be considered by the Evaluation Committee to determine
which proposal best meets the requirements set forth in the RFP document. PRICE ALONE
WILL NOT BE THE SOLE DETERMINING CRITERIA. The City reserves the right to negotiate
the terms and conditions of any resulting contract. Final contract award, if any, will be made by
the Palm Springs City Council. The selected firm will be required to comply with all insurance
and license requirements of the City.
All expenses associated with the preparation, submission of an RFP proposal to the City, or
participation in any presentations, interviews or any other element of the RFP process shall be
the sole financial responsibility of the Proposer.
DEADLINE: All proposals must be received in the Procurement and Contracting Office, 3200
E. Tahquitz Canyon Way, Palm Springs, CA, 92262 by 3:00 P.M., LOCAL TIME, THURSDAY,
JANUARY 09, 2014. The receiving time in the Procurement Office will be the governing time
1
for acceptability of Proposals. Telegraphic and telephonic Proposals will not be accepted.
Reference the RFP document for additional dates and deadlines. Late proposals will not be
accepted and shall be returned unopened.
PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their
proposal shall be valid for a period of 120 calendar days from the due date of proposals.
Cheryl Martin, CPPB
Procurement Specialist I
December 04, 2013
2
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CITY OF PALM SPRINGS, CA
REQUEST FOR PROPOSALS (RFP) 09-14
For
PROVIDING POLICE CANINE(S) ACQUISITION AND TRAINING SERVICES
Requests for Proposals (RFP 09-14), for Providing Police Canine(s) Acquisition and Training
Services related to the for the City of Palm Springs, CA, (hereinafter the `RFP") will be received
at the Office of Procurement & Contracting, 3200 East Tahquitz Canyon Way, Palm Springs,
California, until 3:00 P.M. LOCAL TIME, THURSDAY, JANUARY 09, 2014. It is the
responsibility of the respondent to see that any proposal sent through the mail, or by any other
delivery method, shall have sufficient time to be received by this specified date and time. The
receiving time in the Procurement Office will be the governing time for acceptability of
proposals. Telegraphic, telephonic, faxed or emailed proposals will not be accepted. Late
proposals will be returned unopened. Failure to register as a Proposer to this RFP process per
the instructions in the Notice Inviting Requests for Proposals (under "Obtaining RFP
Documents') may result in not receiving Addenda or other important information pertaining to
this process. Failure to acknowledge Addenda may render a proposal as being non-responsive.
We strongly advise that interested firms officially register per the instructions.
1.0 PURPOSE AND SCHEDULE:
The vendor will provide police canine(s) of the necessary physical traits and health and the
necessary psychological temperament for police patrol and/or explosive detection. The vendor
will provide academy training services necessary to condition the canine(s) for police patrol or
bomb detection via achievement of P.O.S.T. certification and City of Palm Springs Police
Department standards: as well as Monthly Maintenance training and Yearly Certifications for up
to five (5) canines with all necessary materials and equipment.
SCHEDULE:
Notice requesting Proposals posted and issued ............................................December 04, 2013
Deadline for receipt of Questions..................................Thursday, January 02, 2014 3:00 P.M.
Deadline for receipt of Proposals..................................Thursday, January 09, 2014 3:00 P.M.
Short List/ Interviews/, *if desired by City ......................................................... to be determined
Contract awarded by City Council..................................................................... to be determined
NOTE. There will NOT be a pre-proposal conference for this procurement. *Dates above
are subject to change.
"KEY" TO RFP ATTACHMENTS:
ATTACHMENT "A"- Signature Authorization Form, including Addenda acknowledgment.
*Must be completed and included with Technical Proposal envelope.
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ATTACHMENT "B" — Non Collusion Affidavit Form. 'Must be completed and included
with Technical Proposal envelope.
ATTACHMENT "C" — Cost Proposal Form. 'Must be completed and included in a
separately sealed envelope —do NOT include this with your Technical Proposal.
ATTACHMENT "D" — Sample boilerplate Contract Services Agreement (for reference
only)
2.0 BACKGROUND: The Palm Springs Police Department K-9 Unit was founded in 1980
with two K-9 dogs. Currently, there are four patrol officer positions assigned to the K-9 Unit. In
addition to patrol dogs, there is one bomb detection dog assigned to the Palm Springs
International Airport.
K-9 handlers are assigned to regular patrol, but are accompanied by their K-9 partners. These
officers and K-9 partners handle all facets of regular patrol work, but are also available for
specialized work such as burglary and robbery alarms, area searches, building and vehicle
searches, crowd control and apprehension of dangerous fleeing criminals. The dogs and their
handlers undergo rigorous training weekly, practicing these skills to keep them sharp.
3.0 SCOPE OF WORK, SERVICES, OBJECTIVES AND SPECIFICATIONS:
3.1 (A) Qualifications: Canine(s) provided to City shall:
• Be German Shepherd or Malinois for K-9 Patrol; Be a Labrador or suitable breed,
agreed upon by the City, for explosive detection.
Be between eighteen (18) and thirty six (36) months of age at the time of delivery to the
City;
• Be in sound health; size and weight proportionate, free from any congenital
defects; free of damage or broken teeth; free of disease and parasites; free of hip
dysplasia;
• Not have a cropped or stump tail;
Not have an undershot bite;
• Be social and of sound temperament; possess confidence in new environments:
and hunting drive for police work;
• Have sufficient previous training in obedience, agility, tracking, building and area
searches, handler protection and apprehension for the purpose intended for the City.
3.2 (B) Canine Training Requirements shall include:
Provide evaluations and training on a biweekly basis.
• 24 training sessions per team, per year, of which at minimum 12 of the sessions for each
team shall be held in the Coachella Valley.
• 24-hour emergency assistance as needed at no additional charge.
Minor remedial training at the academy when necessary.
• Unlimited training assistance via telephone or email as needed at no additional charge.
• K-9 Administrator training whenever necessary at the academy or the department.
• Access to the academy for training.
Discounts on special seminars and competitions.
4
• Timely handouts and researched K-9 issues that include training, liability, tactics and
other related issues.
3.3 Vendor will provide a trainer/evaluator twice a month for K-9 team training and
evaluation. Vendor will also train employees that Palm Springs Police Department provides to
act as decoys and actors.
3.4 Twice a month Vendor will evaluate each team's ability to effectively carry out its duties
as a Patrol/Narcotics/Explosive team. The trainer/evaluator will also review the month's activities
and review departmental polices and state and federal laws (civil and criminal) in regard to
police K-9's and explosive detective dogs. If a team is found to be ineffective or is unable to
perform at a minimum standard, training will be set up to correct the issue. Training will also be
established to advance the team's usefulness in the field.
3.5 Final acceptance by the City of the canine training is dependent upon successful
certification testing. This testing will be conducted after the training courses are completed and
the canines achieve certification and comply with the Palm Springs Police Department K-9
standards.
3.6 Prior to delivery to City, Vendor shall arrange for the canine to be examined by a
licensed veterinarian. Results and findings documentation shall be provided to the City's K-9
Unit Supervisor upon delivery.
3.7 On an annual basis each Patrol or Explosive detection team will be tested using the
Vendor standard and California Police Office Standard and Training "Voluntary Standards'.
Each team will also receive advance training in the team's particular discipline. Upon
satisfactory result the team will receive a certificate signifying passage of both standards.
3.8 The Vendor shall warrant that the canine provided is in good health, physically fit and
free of communicable diseases at the time of final acceptance. Additionally, the Vendor
shall replace, at no cost to the City, any canine that develops a health issue that disqualifies it
from its police duties within the first year after the final acceptance by the City. The City
reserves the right to have any canine proposed by the Vendor examined by a licensed
veterinarian of the City's choosing prior to acceptance or at any time during the one year health
warranty period. (City will pay all veterinarian fees for such exams). If a canine fails the
examination, the City, with a written statement from the veterinarian, may return the canine to
the Vendor for (1) a full refund of City costs for the canine and basic patrol K-9 training, or (2)
replacement at no cost to the City with an acceptable canine.
4. PROPOSAL REQUIREMENTS:
The firm's proposal should describe the methodology to be used to accomplish each of the
project tasks. The proposal should also describe the work which shall be necessary in order to
satisfactorily complete the task requirements.
Please note: this RFP cannot identify each specific, individual task required to successfully and
completely implement this project. The City of Palm Springs relies on the professionalism and
competence of the selected firm to be knowledgeable of the general areas identified in the
5
scope of work and to include in its proposal all required tasks and subtasks, personnel
commitments, man-hours, direct and indirect costs, etc. The City of Palm Springs will not
approve addenda to the selected firm's agreement which do not involve a substantial change
from the general scope of work identified in this RFP.
5. SELECTION PROCESS: This solicitation has been developed in the Request for
Proposals (RFP) format. Accordingly, proposers should take note that multiple factors as
identified in the RFP will be considered by the Evaluation Committee to determine which
proposal best meets the requirements set forth in the RFP document. PRICE ALONE WILL
NOT BE THE SOLE DETERMINING CRITERIA. The City shall review the proposals submitted
in reply to this RFP, and a limited number of firms may be invited to make a formal presentation
at a future date if desired by the City. The format, selection criteria and date of the presentation
will be established at the time of short listing, if conducted.
6. PROPOSAL EVALUATION CRITERIA: An Evaluation Committee, using the following
evaluation criteria for this RFP, will evaluate all responsive proposals to this RFP. Firms are
requested to submit their proposals so that they correspond to and are identified with the
following specific evaluation criteria (100 total points possible).
A. Firm / Staff / Team (including any subcontractors) Qualifications and experience in
providing Police Canine(s) and Training Services as defined in the RFP. Include resumes,
certification, and all pertinent information for each trainer that will be assigned to this
project. (30 POINTS)
B. Proposal Organization, conformance with the RFP instructions, and demonstrated
Understanding of the overall project and requested Scope of Work; include information on
the Canine acquisition process and lead times. (10 POINTS)
C. References, a minimum of five (5) references from other law enforcement agencies in the
State of California, including name and current phone number for each. (25 POINTS)
D. Local Preference (5 POINTS)
Firms that qualify as a Local Business, or employ local sub-Contractors, and submit a valid
business license as more fully set forth in Section FA below, pursuant to the City of Palm
Springs Local Preference Ordinance 1756). The full local preference, five (5) points, may
be awarded to those that qualify as a Local Business. Two (2) points may be awarded to
a non-local business that employs or retains local residents and/or firms for this project.
Non-local firms that do not employ or retain any local residents and/or firms for this project
shall earn zero (0) points for this criteria.
E. Cost Proposal (30 POINTS)
PRIOR CITY WORK: If your firm has prior experience working with the City DO NOT assume
this prior work is known to the evaluation committee. All firms are evaluated solely on the
information contained in their proposal, information obtained from references, and presentations
if requested. All proposals must be prepared as if the evaluation committee has no knowledge
of the firm, their qualifications or past projects.
6
7. PROPOSAL CONTENTS: Firms are requested to format their proposals so that
responses correspond directly to, and are identified with, the specific evaluation criteria stated in
Section 6 above. The proposals must be in an 8 YZ X 11 format, may be no more than a
total of twenty (20) sheets of paper (double sided is OK ), including a cover letter. NOTE:
Dividers, Attachments included in this RFP that are to be submitted with the proposal, Addenda
acknowledgments and the separately sealed Cost Proposal do NOT count toward the page
limit. Interested firms shall submit SIX (6) copies (one marked "Original" plus five (5)
copies) of its proposal by the deadline.
All proposals shall be sealed within one package and be clearly marked, "RFP 09-14,
REQUESTS FOR PROPOSALS FOR PROVIDING POLICE CANINE(S) ACQUISITION AND
TRAINING SERVICES. Within the sealed proposal package, the Cost Proposal shall be
separately sealed from the Technical/Work Proposal. Proposals not meeting the above
criteria may be found to be non-responsive.
EACH PROPOSAL PACKAGE MUST INCLUDE TWO (2) SEPARATELY SEALED
ENVELOPES:
Envelope #1, clearly marked "Technical/Work Proposal', shall include the following
items:
• Completed Signature authorization and Addenda Acknowledgment (see Attachment A)
• If applicable, your specific request for Local Preference (see Attachment A) and a copy of a
valid business license from a jurisdiction in the Coachella Valley.
• Completed, and notarized, Affidavit of Non-Collusion (see Attachment B)
In addition to the items above, at a minimum, firms must provide the information identified
below. All such information shall be presented in a format that directly corresponds to the
numbering scheme identified here.
TECHNICAL/WORK PROPOSAL; The Technical/Work Proposal (Envelope #1) shall be
clearly marked and shall include the Sections A, B, C, D and E.
SECTION A:
FIRM, STAFF, TEAM (including any subcontractors) QUALIFICATIONS AND
EXPERIENCE, INCLUDING REFERENCES
A.1 Follow the instructions and properly complete and execute both Attachment "A" and
Attachment "B" that are provided in the RFP and include them here in your proposal. If
applicable, your specific request for Local Preference (reference Attachment A) and a copy of a
valid business license from a jurisdiction in the Coachella Valley is to also be included here.
A.2 Describe the firm's background and qualifications in providing Police Canine(s) and
training services this project will require, specifically identifying experience with providing
Canine(s) and Training to other Law Enforcement agencies within the State of California.
A.3 Indicate the name of any sub-contractor firms or contractors that will be utilized to make
up your team. Describe each sub-contractor's qualifications, background and specific expertise
that they bring to the Project.
AA List the name and qualifications of the key staff/team members that will be assigned to
the Project. Provide detailed qualifications including resumes, certifications, and all pertinent
information for each trainer that will be assigned to this project.
7
SECTION B:
PROPOSAL ORGANIZATION, CONFORMANCE WITH RFP INSTRUCTIONS, AND
DEMONSTRATED UNDERSTANDING OF THE OVERALL PROJECT AND REQUESTED
SCOPE OF WORK
B.1 Carefully review and verify that your proposal is well organized and follows ALL OF THE
INSTRUCTIONS on proper organization, format, order, and conformance with all requirements,
including any and all required signatures, attachments, acknowledgements, or other documents
that are required to be submitted. Failure to follow the instructions may result in your proposal
being non-responsive and rejected from consideration.
B.2 Without reciting the information regarding the Project verbatim as contained in this RFP,
convey your overall understanding of the Project and an understanding of the City's
expectations upon implementation of the Project. Include information on the Canine acquisition
process and lead times.
B.3 Identify any "key" or "critical" issues that you believe may be encountered on the Project
based on the firm's prior experiences; and provide steps to be taken to ensure the issues
identified do not affect the successful delivery of the Project.
SECTION C:
REFERENCES
CA Include a minimum of five (5) references from other law enforcement agencies in the
State of California for who your firm has provided similar police canine acquisition and training
services necessary to condition the canine for police patrol or bomb detection services as
contemplated herein. You must include the name of a contact person, their title, and a current
phone number, fax number, email address and business address along with a brief description
of the scope of work and cost for each successfully completed referenced project.
SECTION D:
LOCAL PREFERENCE
D.1 Pursuant to the City of Palm Springs Local Preference Ordinance 1756, in awarding
contracts for services, including Contractor services, preference to a Local Business shall be
given whenever practicable and to the extent consistent with the law and interests of the public.
The term "Local Business" is defined as a vendor, contractor, or Contractor who has a valid
physical business address located within the Coachella Valley, at least six months prior to bid or
proposal opening date, from which the vendor, contractor, or Contractor operates or performs
business on a day-to-day basis, and holds a valid business license by a jurisdiction located in
the Coachella Valley. "Coachella Valley" is defined as the area between the Salton Sea on the
south, the San Jacinto and Santa Rosa Mountains on the west, and the Little San Bernardino
Mountains on the east and north. For the purposes of this definition, "Coachella Valley'
includes the cities of Beaumont and Banning and the unincorporated areas between Banning
and the City of Palm Springs. Post office boxes are not verifiable and shall not be used for the
purpose of establishing such physical address.
The Contractor will also, to the extent legally possible, solicit applications for employment and
proposals for subcontractors and subcontractors for work associated with the proposed contract
8
from local residents and firms as opportunities occur and hire qualified local residents and firms
whenever feasible.
In order for a business to be eligible to claim the preference, the business MUST request the
preference in the Solicitation response (see Attachment A) and provide a copy of its current
business license (or of those it employs for this project) from a jurisdiction in the Coachella
Valley. A non-local business that requests the preference based on employing local residents
must provide proof of full-time primary residency from a jurisdiction in the Coachella Valley with
the proposal. The City reserves the right to determine eligibility.
D.2 List all team members with local expertise. Clearly define their role in the overall project.
COST PROPOSAL; The Cost Proposal (Envelope #2) shall be clearly marked in a
separately sealed envelope and shall include Section F below:
SECTION E:
COST PROPOSAL (*see instructions in Section 6 above and Attachment "C")
E.1 The cost proposal (in a separate sealed envelope) shall contain: 1. The per unit cost of a
new acquisition German Shepard or Malinois including Academy Training and Acceptance
Criteria. 2. The unit price of a new acquisition Labrador or suitable breed agreed upon by the
City including Academy Training and Acceptance Criteria. 3. The per unit cost of Annual
Certification for all existing canines/teams and future canine(s)/teams. 4. Evaluation and
Training for a total of 24 sessions. 5. Canine Administrator training as needed. 6. Remedial
training at the Academy. PROPOSERS MUST USE THE COST PROPOSAL FORM,
ATTACHMENT "C", PROVIDED BY THE CITY IN THE RFP DOCUMENTS. Failure to use
the Cost Proposal form Attachment "C" provided by the City WILL be cause for rejection of a
proposal. Do NOT include Attachment "A" or Attachment "B" in the Cost Proposal,
Envelope 92. Attachments "A" and "B" are to be included in Envelope #1, "Tech niceI/Work
Proposal".
8. GENERAL AND SPECIAL CONDITIONS:
DEADLINE FOR SUBMISSION OF PROPOSALS: Proposals will be received in the City of
Palm Springs, Office of Procurement and Contracting until 3:00 P.M., LOCAL TIME,
THURSDAY, JANUARY 09, 2014. Proof of receipt before the deadline is a City of Palm
Springs, Office of Procurement and Contracting time/date stamp. It is the responsibility of the
firms replying to this RFP to see that any proposal sent through the mail, or via any other
delivery method, shall have sufficient time to be received by the Procurement Office prior to the
proposal due date and time. Late proposals will be returned to the firm unopened. Proposals
shall be clearly marked and identified and must be submitted to:
City of Palm Springs
Procurement and Contracting Department
3200 E. Tahquitz Canyon Way
Palm Springs, CA 92262
Attn: Cheryl Martin, CPPB, Procurement Specialist 1
9
QUESTIONS: Firms, their representatives, agents or anyone else acting on their behalf are
specifically directed NOT to contact any city employee, commission member, committee
member, council member, or other agency employee or associate for any purpose related to
this RFP other than as directed below. Contact with anyone other than as directed below
WILL be cause for rejection of a proposal.
Any questions, technical or otherwise, pertaining to this RFP must be submitted IN WRITING
and directed ONLY to:
Cheryl Martin, CPPB
Procurement Specialist 1
3200 East Tahquitz Canyon Way
Palm Springs, CA 92262
via FAX (760) 323-8238
or via EMAIL: Cheryl.Martin@palmspringsca.gov
Interpretations or clarifications considered necessary in response to such questions will be
resolved by the issuance of formal Addenda to the RFP. The deadline for all questions is
3:00 P.M., Local Time, Thursday, January 02, 2014. Questions received after this date and
time may not be answered. Only questions that have been resolved by formal written Addenda
via the Division of Procurement and Contracting will be binding. Oral and other interpretations
or clarifications will be without legal or contractual effect.
FORM OF AGREEMENT: The selected firm will be required to enter into a contractual
agreement, inclusive of insurance requirements, with the City of Palm Springs in accordance
with the standard Contract Services Agreement (see Attachment "D"). Please note that the
Exhibits are intentionally not complete in the attached sample standard document. These
exhibits will be negotiated with the selected firm, and will appear in the final Contract Services
Agreement executed between the parties.
The term of the agreement that is awarded as a result of this RFP shall be in effect for 3 years
with two one (1) year renew options.
Failure or refusal to enter into an Agreement as herein provided or to conform to any of the
stipulated requirements in connection therewith shall be just cause for an annulment of the
award. If the highest ranked Proposer refuses or fails to execute the Agreement, or
negotiations are not successful, or the agreement is terminated, the City may, at its sole
discretion, enter negotiations with and award the Contract to the second highest ranked
Proposer, and so on.
AWARD OF CONTRACT: It is the City's intent to award a contract to the firm that can provide
all of the scope of work, equipment and services identified in the RFP document. However, the
City reserves the right to award a contract, or to make no award, whichever is in the best
interest of the City. It is anticipated that award of the contract will occur at the next regularly
scheduled City Council meeting after the evaluation committee has made its final selection of
the firm to be recommended for award and a contract has been negotiated and agendized for
consideration. The decision of the City Council will be final.
RIGHT TO ACCEPT OR REJECT PROPOSALS: The City of Palm Springs reserves the right
to waive any informality or technical defect in a proposal and to accept or reject, in whole or in
part, any or all proposals and to cancel all or part of this RFP and seek new proposals, as best
10
serves the interests of the City. The City furthermore reserves the right to contract separately
with others certain tasks if deemed in the best interest of the City.
INSURANCE: Insurance provisions are contained in the Standard Contract Services sample
agreement included in the RFP. The successful Proposer will be required to comply with these
provisions. It is recommended that Proposers have their insurance provider review the
insurance provisions BEFORE they submit their proposal.
RESPONSIBILITY OF PROPOSER: All firms responding to this RFP shall be responsible. If it
is found that a firm is irresponsible (e.g., has not paid taxes, is not a legal entity, submitted an
RFP without an authorized signature, falsified any information in the proposal package, etc.),
the proposal shall be rejected.
PUBLIC RECORD: All documents submitted in response to this solicitation will become the
property of the City of Palm Springs and are subject to the California Code Section 6250 et seq.,
commonly known as the Public Records Act. Information contained in the documents, or any
other materials associated with the solicitation, pursuant to CA Government Code 6255 during
the negotiation process, may be made public after the City's negotiations are completed, and
staff has recommended to the City Council the award of a contract to a specific firm, but before
final action is taken by the City Council to award the contract.
Although the California Public Records Act ("CPRA") recognizes that certain confidential trade
secret information may be protected from disclosure, the City may not be in a position to
establish that the information submitted in a proposal is a trade secret. If a request is made for
information marked "Confidential," "Trade Secret," Proprietary," or any other similar designation,
the City will provide the party submitting such information with reasonable notice to allow the
party to seek protection from disclosure by a court of competent jurisdiction.
If a submitting party contends that a portion of the proposal is confidential even under the
CPRA, the party: 1) must clearly label each document and/or page deemed a confidential
document 2) the legal rationale supporting such contention including specific references to
applicable provisions of the Public Records laws of the State 3) must actively defend against
any request for disclosure of information which the party has determined should not be
released, and 4) must indemnify and hold harmless the City from any loss, claim or suit,
including attorneys' fees, brought by a person challenging the City's refusal to release the
documents. The City will not, under any circumstances, incur any expenses, or be responsible
for any damages or losses incurred by a party submitting a proposal or any other person or
entity, because of the release of such information. The City will not return the original or any
copies of the proposal or other information or documents submitted to the City as part of this
RFP process. NOTE THAT THE CITY MAY NOT RECOGNIZE PROPOSALS WHERE ALL
OF THE INFORMATION, VIA A BLANKET STATEMENT, IS SUBMITTED AS PROPRIETARY
INFORMATION OR A TRADE SECRET. SUCH PROPOSALS MAY BE FOUND NOW
RESPONSIVE.
COST RELATED TO PROPOSAL PREPARATION: The City will NOT be responsible for any
costs incurred by any firm responding to this RFP in the preparation of their proposal or
participation in any presentation if requested, or any other aspects of the entire RFP process.
BUSINESS LICENSE: The selected firm will be required to be licensed in accordance with the
City of Palm Springs Business License Ordinance, Municipal Code Chapter 3.40 through 3.96,
entitled "Business Tax".
11
INVESTIGATIONS: The City reserves the right to make such investigations as it deems
necessary to determine the ability of the firms responding to this RFP to perform the Work and
the firm shall furnish to the City all such information and data for this purpose as the City may
request. The City reserves the right to reject any proposal if the evidence submitted by or
investigation of such firm fails to satisfy the City that such firm is properly qualified to carry out
the obligations of the Contract and to complete the Work contemplated therein.
NONCOLLUSION: The undersigned, by submission of this Proposal Form, hereby declares
that this Proposal is made without collusion with any other business making any other Proposal,
or which otherwise would make a Proposal. Proposer must execute an Affidavit of Non-
Collusion provided as Attachment "B" in the RFP and include it with their proposal.
PROPOSALS TO REMAIN OPEN: The Proposer shall guarantee that all contents of their
proposal shall be valid for a period of 120 calendar days from the due date of proposals.
SIGNED PROPOSAL AND EXCEPTIONS: Submission of a signed proposal will be interpreted
to mean that the firm responding to this RFP has hereby agreed to all the terms and conditions
set forth in all of the sheets which make up this Request for Proposals, and any attached
sample agreement. Exceptions to any of the language in either the RFP documents or
attached sample agreement, including the insurance requirements, must be included in the
proposal and clearly defined. Exceptions to the City's RFP document or standard boilerplate
language, insurance requirements, terms or conditions may be considered in the evaluation
process; however, the City makes no guarantee that any exceptions will be approved.
12
ATTACHMENT "A"
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICAL/WORK PROPOSAL
(Envelope #1)*
REQUESTS FOR PROPOSALS RFP 09-14
PROVIDING POLICE CANINE ACQUISITION AND TRAINING SERVICES
SIGNATURE AUTHORIZATION
NAME OF COMPANY(PROPOSER):
BUSINESS ADDRESS:
TELEPHONE: CELL PHONE FAX
CONTACT PERSON EMAIL ADDRESS
A. I hereby certify that I have the authority to submit this Proposal to the City of Palm Springs for the
above listed individual or company. I certify that I have the authority to bind myself/this company in a
contract should I be successful in my proposal.
PRINTED NAME AND TITLE
SIGNATURE AND DATE
B. The following information relates to the legal contractor listed above, whether an individual or a
company. Place check marks as appropriate:
1. If successful, the contract language should refer to me/my company as:
_An individual;
A partnership, Partners' names:
_A company;
A corporation
2. My tax identification number is:
CHECK IF THE FOLLOWING STATEMENT APPLIES:
My firm/company is a Local Business (Licensed within the jurisdiction of the Coachella Valley). Copy of
current business license from a jurisdiction within the Coachella Valley is required to be attached to
this document in order to request the Local Preference.
ADDENDA ACKNOWLEDGMENT:
Acknowledgment of Receipt of any Addenda issued by the City for this RFP is required by including the acknowledgment
with your proposal. Failure to acknowledge the Addenda issued may result in your proposal being deemed non-
responsive.
In the space provided below, please acknowledge receipt of each Addenda:
Addendum(s)# is/are hereby acknowledged.
13
ATTACHMENT"B"
*THIS FORM MUST BE COMPLETED AND SUBMITTED WITH YOUR TECHNICALIWORK
PROPOSAL (Envelope#1)*
NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY
PROPOSER AND SUBMITTED WITH PROPOSAL
STATE OF CALIFORNIA)ss
COUNTY OF RIVERSIDE)
The undersigned, being first duly sworn, deposes and says that he or she is
of the party making the
foregoing Proposal. That the Proposal is not made in the interests of, or on the behalf of, any
undisclosed person, partnership, company, association, organization, or corporation; that the Proposal is
genuine and not collusive or sham; that the Proposer has not directly or indirectly induced or solicited any
other Proposer to put in a false or sham Proposal, and has not directly or indirectly colluded, conspired,
connived, or agreed with any Proposer or anyone else to put in a sham Proposal, or that anyone shall
refrain from Proposing; that the Proposer has not in any manner, directly or indirectly, sought by
agreement, communication, or conference with anyone to fix the Proposal price of the Proposer or any
other Proposer, or to fix any overhead, profit, or cost element of the Proposal price, or of that of any other
Proposer, or to secure any advantage against the public body awarding the contract of anyone interested
in the proposed contract; that all statements contained in the Proposal are true; and, further, that the
Proposer has not, directly or indirectly, submitted his or her Proposal price or any breakdown thereof, or
the contents thereof, or divulged information or data relative thereof, or paid, and will not pay, any fee to
any corporation, partnership, company, association, organization, Proposal depository, or any other
member or agent thereof to effectuate a collusive or sham Proposal.
By:
Title:
Subscribed and sworn to before me this day of . 2014.
14 Revised: 6/16/10
720669.1
ATTACHMENT "C"
*THIS FORM MUST BE COMPLETED AND SUBMITTED IN A SEPERATELY SEALED
ENVELOPE#2 "Cost Proposal", NOTwith Envelope#1, Technical/Work Proposal*)
REQUEST FOR PROPOSAL RFP 09-14
POLICE CANINE(S) ACQUISITION AND TRAINING SERVICE
COST PROPOSAL
Responding to Request for Proposal No. 09-14 Police Canine Acquisition and Training Service,
INVE will accept the following payment for providing all canine(s) and pre-training of a canine(s)
prior to delivery; on-going training after delivery, health certification supervision, 24 hour
emergency assistance, for the acquisition and training of canines for police patrol or bomb
detection. The undersigned Proposer proposes and agrees to provide all work and services
necessary to deliver Police and/or Bomb Detection Canine(s) and training services as defined in
the Scope of Work herein.
1. German Shepard or Malinois for Police services including academy training and
acceptance criteria prior to delivery:
Unit Price per German Shepard: $
Unit Price per Malinois: $
2. Labrador or suitable breed for bomb detection services including academy training
and acceptance criteria prior to delivery:
Unit Price per Labrador or: $
Suitable breed
3. Annual Certification for Dog/Handler Team: $
Certification Price per Team:
4. Bi-weekly Evaluation and Training for Police $
Service (Not Bomb Detection) per team
for a total of 24 sessions. (*see note below)
5. K-9 Administrator Training as needed $
at the academy or the department per session:
6. Remedial training at the Academy per team $
per session:
*Note: 24 training sessions per team, per year, of which at minimum 12 of the sessions for
each team shall be held in the Coachella Valley.
15 Revised: 6/16/10
7.20669.1
This is to certify that, to the best of my knowledge and belief, the cost or pricing data submitted
in support of Proposal No. 09-14 for Providing Police Canine(s) Acquisition and Training
Services are current, accurate, and complete.
PRICING FOR INITIAL 3 YEAR TERM AND CPI ADJUSTMENTS FOR OPTIONAL
RENEWALS:
For the initial three (3) years of the Agreement term, the unit prices are fixed. For optional years
4 and 5, Contractor may request a price adjustment not to exceed the Bureau of Labor
Statistic's Consumer Price Index (CPI) for the LA/Riverside/Anaheim region for the prior 12
month period effective on the anniversary date. Optional renewal years 4 and 5, and any
associated CPI increase, are at the mutual consent of the City and the Contractor.
NOTE: This pane MUST be manually sinned.
Certified by:
Firm Name
Signature of Authorized Person
Printed Name
Title
Date
16 Revised: 6/16/10
7206691
ATTACHMENT "D"
SAMPLE BOILERPLATE AGREEMENT- EXHIBITS INTENTIONALLY INCOMPLETE
CONTRACT SERVICES AGREEMENT
THIS CONTRACT SERVICES AGREEMENT ( "Agreement") is entered into, and effective on
201 -, between the CITY OF PALM SPRINGS, a California charter city and municipal
corporation, ("City") and [INSERT RILL NAME Ol° CONI"RAC'FOR, FIRM, OR COMPANY], a [INSERT
'IYPI: OF ENTITY, E.G., A CALIFORNIA CORPORAIION, A L1N11I'ED I..IA1311,1"1'Y COMPANY. E"FC.]
("Contractor"). City and Contractor are individually referred to as "Party" and are collectively referred to as the
"Parties".
RECITALS
A. City has determined that there is a need for [INSERT BRIEF DESCRIPTION OF CONTRACT
SERVICES REQUIRED] services for[INSERT BRIEF DESCRIPTION OF PROJECT FOR WHICH CONTRACT
SERVICES ARE RELATED]project("Project").
B. Contractor has submitted to City a proposal to provide [INSERT TYPE OF CONTRACT
SERVICES]to City for the Project under the terms of this Agreement.
C. Contractor is qualified by virtue of its experience, training, education, reputation, and expertise to
provide these services and has agreed to provide such services as provided in this Agreement.
D. City desires to retain Contractor to provide such contract services.
In consideration of these promises and mutual obligations, covenants, and conditions, the Parties agree as
follows:
AGREEMENT
1. SERVICES OF CONTRACTOR
1.1 Scope of Services. In compliance with all terms and conditions of this Agreement,
Contractor agrees to perform the contract services set forth in the Scope of Services described in Exhibit "A" (the
"Services" or "Work") , which is attached and incorporated by reference. As a material inducement to the City
entering into this Agreement,Contractor represents and warrants that Contractor is a provider of first class work and
contract services and that Contractor is experienced in performing the Work and Services contemplated and, in light
of such status and experience, Contractor covenants that it shall follow the highest contract standards in performing
the Work and Services required in this Agreement. For purposes of this Agreement, the phrase "highest contract
standards" shall mean those standards of practice recognized as high quality among well-qualified and experienced
contracts performing similar work under similar circumstances.
1.2 Contract Documents. The Agreement between the Parties shall consist of the following: (1) this
Agreement; (2)the Scope of Services; (3)the City's Request for Proposals; and,(4)the Contractor's signed,original
proposal submitted to the City ("Contractor's Proposal"), (collectively referred to as the "Contract Documents").
The City's Request for Proposals and the Contractor's Proposal, which are both attached as Exhibits `B" and"C",
respectively, are incorporated by reference and are made a part of this Agreement. The Scope of Services shall
include the Contractor's Proposal. All provisions of the Scope of Services, the City's Request for Proposals and the
Contractor's Proposal shall be binding on the Parties. Should any conflict or inconsistency exist in the Contract
Documents,the conflict or inconsistency shall be resolved by applying the provisions in the highest priority
document, which shall be determined in the following order of priority: (I't)the provisions of the Scope of
Services(Exhibit"A"); (2"d)the provisions of the City's Request for Proposal(Exhibit"B"); (3 d) the terms of this
Agreement; and,(4`")the provisions of the Contractor's Proposal (Exhibit"C").
17 Revised: 6/16/10
720669.1
1.3 Compliance with Law. Contractor warrants that all Services rendered shall be performed in
accordance with all applicable federal, state, and local laws, statutes, ordinances lawful orders, rules, and
regulations.
1.4 Licenses, Permits.Fees, and Assessments. Contractor represents and warrants to City that it has
obtained all licenses,permits,qualifications,and approvals of whatever nature that are legally required to practice its
profession and perform the Work and Services required by this Agreement. Contractor represents and warrants to
City that Contractor shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement,
any license, permit, qualification, or approval that is legally required for Contractor to perform the Work and
Services under this Agreement. Contractor shall have the sole obligation to pay for any fees,assessments,and taxes,
plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the
Contractor's performance of the Work and Services required by this Agreement. Contractor shall indemnify,defend,
and hold harmless City against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed
against City to the fullest extent permitted by law.
1.5 Familiarity with Work. By executing this Agreement, Contractor warrants that Contractor (a)
has thoroughly investigated and considered the Scope of Services to be performed, (b) has carefully considered how
the Services should be performed, and (c) fully understands the facilities, difficulties, and restrictions attending
performance of the Services under this Agreement. If the Services involve work upon any site, Contractor warrants
that Contractor has or will investigate the site and is or will be fully acquainted with the conditions there existing,
prior to commencement of any Services. Should the Contractor discover any latent or unknown conditions that will
materially affect the performance of the Services, Contractor shall immediately inform the City of such fact and
shall not proceed except at Contractor's risk until written instructions are received from the City.
1.6 Care of Work. Contractor shall adopt reasonable methods during the term of the Agreement to
furnish continuous protection to the Work and the equipment, materials, papers, documents, plans, studies, and/or
other components to prevent losses or damages. Contractor shall be responsible for all such damages, to persons or
property,until acceptance of the Work by the City, except such losses or damages as may be caused by City's own
negligence.
1.7 Further Responsibilities of Parties. Parties agree to use reasonable care and diligence to
perform their respective obligations under this Agreement. Parties agree to act in good faith to execute all
instruments, prepare all documents,and take all actions as may be reasonably necessary to carry out the purposes of
this Agreement.
1.8 Additional Services. City shall have the right at any time during the performance of the Services,
without invalidating this Agreement, to order extra work beyond that specified in the Scope of Services or make
changes by altering, adding to, or deducting from such Work. No such extra work may be undertaken unless a
written order is first given by the City to the Contractor, incorporating any adjustment in(i) the Maximum Contract
Amount, as defined below, and/or(ii)the time to perform this Agreement. Any adjustments must also be approved
in writing by the Contractor. Any increase in compensation of up to twenty-five percent (25%) of the Maximum
Contract Amount or$25,000,whichever is less,or in the time to perform of up to thirty(30)days,may be approved
by the City Manager, or his designee, as may be needed to perform any extra work. Any greater increases,
occurring either separately or cumulatively, must be approved by the Palm Springs City Council. It is expressly
understood by Contractor that the provisions of this section shall not apply to the services specifically set forth or
reasonably contemplated within the Scope of Services.
2. COMPENSATION
2.1 Maximum Contract Amount. For the Services rendered under this Agreement, Contractor shall
be compensated by City in accordance with the Schedule of Compensation, which is attached as Exhibit "C" and
incorporated in this Agreement by reference. Compensation shall not exceed the maximum contract amount of
[INSERT NOT TO EXCEED CONTRACT AMOUNT] Dollars, ($ ("Maximum Contract Amount"),
except as may be provided under Section 1.8. The method of compensation shall be as set forth in Exhibit "C."
Compensation for necessary expenditures for reproduction costs, telephone expenses, and transportation expenses
must be approved in advance by the Contract Officer designated under Section 4.2 and will only be approved if such
18 Revised: 6/16/10
720669A
expenses are also specified in the Schedule of Compensation. The Maximum Contract Amount shall include the
attendance of Contractor at all Project meetings reasonably deemed necessary by the City. Contractor shall not be
entitled to any increase in the Maximum Contract Amount for attending these meetings. Contractor accepts the risk
that the services identified in the Scope of Services may be more costly and/or time-consuming than Contractor
anticipates, that Contractor shall not be entitled to additional compensation, and that the provisions of Section 1.8
shall not be applicable to the services identified in the Scope of Services. The maximum amount of city's payment
obligation under this section is the amount specified in this Agreement. If the City's maximum payment obligation
is reached before the Contractor's Services under this Agreement are completed, Contractor shall complete the
Work and City shall not be liable for payment beyond the Maximum Contract Amount.
2.2. Method of Payment. Unless another method of payment is specified in the Schedule of
Compensation (Exhibit"C"), in any month in which Contractor wishes to receive payment, Contractor shall submit
to the City an invoice for services rendered prior to the date of the invoice. The invoice shall be in a form approved
by the City's Finance Director and must be submitted no later than the tenth(10)working day of such month. Such
requests shall be based upon the amount and value of the services performed by Contractor and accompanied by
such reporting data including an itemized breakdown of all costs incurred and tasks performed during the period
covered by the invoice, as may be required by the City. City shall use reasonable efforts to make payments to
Contractor within forty-five (45) days after receipt of the invoice or as soon as is reasonably practical. There shall
be a maximum of one payment per month.
2.3 Chanties in Scope. In the event any change or changes in the Scope of Services is requested by
City, Parties shall execute a written amendment to this Agreement, specifying all proposed amendments, including,
but not limited to,any additional fees. An amendment may be entered into:
A. To provide for revisions or modifications to documents, work product, or work, when
required by the enactment or revision of any subsequent law;or
B. To provide for additional services not included in this Agreement or not customarily
furnished in accordance with generally accepted practice in Contractor's profession.
2.4 Approoriations. This Agreement is subject to and contingent upon funds being appropriated by
the City Council for each fiscal year covered by the Agreement. If such appropriations are not made, this
Agreement shall automatically terminate without penalty to the City.
3. SCHEDULE OF PERFORMANCE
3.1 Time of Essence. Time is of the essence in the performance of this Agreement. The time for
completion of the services to be performed by Contractor is an essential condition of this Agreement. Contractor
shall prosecute regularly and diligently the Work of this Agreement according to the agreed upon attached Schedule
of Performance(Exhibit"E"),incorporated by reference.
3.2 Schedule of Performance. Contractor shall commence the Services under this Agreement upon
receipt of a written notice to proceed and shall perform all Services within the time period(s) established in the
Schedule of Performance. When requested by Contractor,extensions to the time period(s)specified in the Schedule
of Performance may be approved in writing by the Contract Officer, but such extensions shall not exceed one
hundred eighty(180)days cumulatively;however, the City shall not be obligated to grant such an extension.
3.3 Force Maieure. The time period(s) specified in the Schedule of Performance for performance of
the Services rendered under this Agreement shall be extended because of any delays due to unforeseeable causes
beyond the control and without the fault or negligence of the Contractor(financial inability excepted) if Contractor,
within ten(10)days of the commencement of such delay,notifies the Contract Officer in writing of the causes of the
delay. Unforeseeable causes include, but are not limited to, acts of God or of the public enemy, unusually severe
weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, and/or
acts of any governmental agency, including the City. The City Manager shall ascertain the facts and the extent of
delay, and extend the time for performing the Services for the period of the enforced delay when and if in the
judgment of the City Manager such delay is justified. The City Managers determination shall be final and
19 Revised: 6/16/10
720669.1
conclusive upon the Parties to this Agreement. In no event shall Contractor be entitled to recover damages against
the City for any delay in the performance of this Agreement, however caused, Contractor's sole remedy being
extension of the Agreement under this section.
3.4 Term. Unless earlier terminated under this Agreement, this Agreement shall commence upon the
effective date of this Agreement and continue in full force and effect until completion of the Services. However,the
term shall not exceed three(3),years from the commencement date,except as otherwise provided in the Schedule of
Performance described in Section 32 above. Any extension must be through mutual written agreement of the
Parties.
3.5 Termination Prior to Expiration of Term. City may terminate this Agreement for its
convenience at any time, without cause, in whole or in part, upon giving Contractor thirty (30) days written notice.
Where termination is due to the fault of Contractor and constitutes an immediate danger to health, safety, and
general welfare,the period of notice shall be such shorter time as may be determined by the City. Upon such notice,
City shall pay Contractor for Services performed through the date of termination. Upon receipt of such notice,
Contractor shall immediately cease all work under this Agreement, unless stated otherwise in the notice or by
written authorization of the Contract Officer. After such notice, Contractor shall have no further claims against the
City under this Agreement. Upon termination of the Agreement under this section, Contractor shall submit to the
City an invoice for work and services performed prior to the date of termination. Contractor may terminate this
Agreement, with or without cause, upon sixty(60) days written notice to the City, except that where termination is
due to material default by the City,the period of notice may be such shorter time as the Contractor may determine.
4. COORDINATION OF WORK
4.1 Representative of Contractor. The following principal of Contractor is designated as being the
principal and representative of Contractor authorized to act in its behalf and make all decisions with respect to the
Services to be performed under this Agreement: [INSERT NAME]. '.. [INSERT
TITLE]. It is expressly understood that the experience, knowledge, education, capability, expertise, and reputation
of the foregoing principal is a substantial inducement for City to enter into this Agreement. Therefore,the foregoing
principal shall be responsible during the term of this Agreement for directing all activities of Contractor and
devoting sufficient time to personally supervise the services performed hereunder. The foregoing principal may not
be changed by Contractor without prior written approval of the Contract Officer.
4.2 Contract Officer. The Contract Officer shall be the City Manager or his/her designee ("Contract
Officer"). Contractor shall be responsible for keeping the Contract Officer fully informed of the progress of the
performance of the services. Contractor shall refer any decisions that must be made by City to the Contract Officer.
Unless otherwise specified,any approval of City shall mean the approval of the Contract Officer.
4.3 Prohibition Against Subcontracting or Assignments. The experience, knowledge, capability,
expertise,and reputation of Contractor, its principals and employees, were a substantial inducement for City to enter
into this Agreement. Therefore, Contractor shall not assign full or partial performance of this Agreement, nor any
monies due, voluntarily or by operation of law, without the prior written consent of City. Contractor shall not
contract with any other entity to perform the Services required under this Agreement without the prior written
consent of City. If Contractor is permitted to subcontract any part of this Agreement by City, Contractor shall be
responsible to City for the acts and omissions of its subcontractor(s) in the same manner as it is for persons directly
employed. Nothing contained in this Agreement shall create any contractual relationships between any
subcontractor and City. All persons engaged in the Work will be considered employees of Contractor. City will
deal directly with and will make all payments to Contractor. In addition,neither this Agreement nor any interest in
this Agreement may be transferred, assigned, conveyed,hypothecated,or encumbered voluntarily or by operation of
law, whether for the benefit of creditors or otherwise, without the prior written consent of City. Transfers restricted
in this Agreement shall include the transfer to any person or group of persons acting in concert of more than twenty
five percent (25%) of the present ownership and/or control of Contractor, taking all transfers into account on a
cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this
Agreement shall be void. No approved transfer shall release Contractor or any surety of Contractor from any
liability under this Agreement without the express written consent of City.
20 Revised: 6/16/10
7N669.1
4.4 Independent Contractor. The legal relationship between the Parties is that of an independent
contractor,and nothing shall be deemed to make Contractor a City employee.
A. During the performance of this Agreement, Contractor and its officers, employees, and
agents shall act in an independent capacity and shall not act or represent themselves as City officers or employees.
The personnel performing the Services under this Agreement on behalf of Contractor shall at all times be under
Contractor's exclusive direction and control. Neither City nor any of its officers, employees, or agents shall have
control over the conduct of Contractor or any of its officers, employees, or agents, except as set forth in this
Agreement. Contractor, its officers, employees, or agents shall not maintain an office or any other type of fixed
business location at City's offices. City shall have no voice in the selection, discharge, supervision, or control of
Contractor's employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of
service. Contractor shall pay all wages, salaries, and other amounts due its employees in connection with this
Agreement and shall be responsible for all reports and obligations respecting them, including but not limited to
social security income tax withholding, unemployment compensation, workers' compensation, and other similar
matters. City shall not in any way or for any purpose be deemed to be a partner of Contractor in its business or
otherwise a joint venturer or a member of any joint enterprise with Contractor.
B. Contractor shall not have any authority to bind City in any manner. This includes the
power to incur any debt,obligation,or liability against City.
C. No City benefits shall be available to Contractor, its officers, employees, or agents in
connection with any performance under this Agreement. Except for contract fees paid to Contractor as provided for
in this Agreement, City shall not pay salaries, wages, or other compensation to Contractor for the performance of
Services under this Agreement. City shall not be liable for compensation or indemnification to Contractor, its
officers, employees,or agents, for injury or sickness arising out of performing Services. If for any reason any court
or governmental agency determines that the City has financial obligations, other than under Section 2 and
Subsection 1.8 in this Agreement, of any nature relating to salary, taxes, or benefits of Contractor's officers,
employees,servants,representatives, subcontractors,or agents,Contractor shall indemnify City for all such financial
obligations.
5. INSURANCE
5.1 Types of Insurance. Contractor shall procure and maintain, at its sole cost and expense, the
insurance described below. The insurance shall be for the duration of this Agreement and includes any extensions,
unless otherwise specified in this Agreement. The insurance shall be procured in a form and content satisfactory to
City. The insurance shall apply against claims which may arise from the Contractor's performance of Work under
this Agreement, including Contractor's agents, representatives, or employees. In the event the City Manager
determines that the Work or Services to be performed under this Agreement creates an increased or decreased risk of
loss to the City,the Contractor agrees that the minimum limits of the insurance policies may be changed accordingly
upon receipt of written notice from the City Manager or his designee. Contractor shall immediately substitute any
insurer whose A.M. Best rating drops below the levels specified in this Agreement. Except as otherwise authorized
below for contract liability (errors and omissions) insurance, all insurance provided under this Agreement shall be
on an occurrence basis. The minimum amount of insurance required shall be as follows:
A. Errors and Omissions Insurance. Contractor shall obtain and maintain in full force and
effect throughout the term of this Agreement, standard industry form contract liability (errors and omissions)
insurance coverage in an amount of not less than one million dollars($1,000,000.00)per occurrence and two-million
dollars($2,000,000.00)annual aggregate,in accordance with the provisions of this section.
(1) Contractor shall either: (a) certify in writing to the City that Contractor is unaware of
any contract liability claims made against Contractor and is unaware of any facts which may lead to such a claim
against Contractor;or(b) if Contractor does not provide the certification under(a),Contractor shall procure from the
contract liability insurer an endorsement providing that the required limits of the policy shall apply separately to
claims arising from errors and omissions in the rendition of services under this Agreement.
(2) If the policy of insurance is written on a "claims made" basis, the policy shall be
21 Revised: 6/16/10
no66v.i
continued in full force and effect at all times during the term of this Agreement, and for a period of three (3) years
from the date of the completion of the Services provided hereunder. In the event of termination of the policy during
this period, Contractor shall obtain continuing insurance coverage for the prior acts or omissions of Contractor
during the course of performing Services under the terms of this Agreement. The coverage shall be evidenced by
either a new policy evidencing no gap in coverage, or by obtaining separate extended "tail" coverage with the
present or new carrier or other insurance arrangements providing for complete coverage, either of which shall be
subject to the written approval by the City Manager.
(3) In the event the policy of insurance is written on an "occurrence" basis, the policy
shall be continued in full force and effect during the term of this Agreement, or until completion of the Services
provided for in this Agreement, whichever is later. In the event of termination of the policy during this period, new
coverage shall immediately be obtained to ensure coverage during the entire course of performing the Services
under the terms of this Agreement.
B. Workers' Compensation Insurance. Contractor shall obtain and maintain, in full force
and effect throughout the term of this Agreement, workers' compensation insurance in at least the minimum
statutory amounts, and in compliance with all other statutory requirements, as required by the State of California.
Contractor agrees to waive and obtain endorsements from its workers' compensation insurer waiving subrogation
rights under its workers' compensation insurance policy against the City and to require each of its subcontractors, if
any, to do likewise under their workers' compensation insurance policies. If Contractor has no employees,
Contractor shall complete the City's Request for Waiver of Workers' Compensation Insurance Requirement form.
C. Commercial General Liability Insurance. Contractor shall obtain and maintain, in full
force and effect throughout the term of this Agreement, a policy of commercial general liability insurance written on
a per occurrence basis with a combined single limit of at least one million dollars ($1,000,000.00) and two million
dollars ($2,000,000.00)general aggregate for bodily injury and property damage including coverages for contractual
liability,personal injury,independent contractors,broad form property damage,products and completed operations.
D. Business Automobile Insurance. Contractor shall obtain and maintain, in full force and
effect throughout the term of this Agreement, a policy of business automobile liability insurance written on a per
occurrence basis with a single limit liability in the amount of one million dollars ($1,000,000.00)bodily injury and
property damage. The policy shall include coverage for owned,non-owned,leased,and hired cars.
E. Employer Liability Insurance. Contractor shall obtain and maintain, in full force and
effect throughout the term of this Agreement, a policy of employer liability insurance written on a per occurrence
basis with a policy limit of at least one million dollars($1,000,000.00)for bodily injury or disease.
5.2 Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be
declared to and approved by the City Manager or his/her designee prior to commencing any work or services under
this Agreement. Contractor guarantees payment of all deductibles and self-insured retentions. City reserves the
right to reject deductibles or self-insured retentions in excess of$10,000, and the City Manager or his/her designee
may require evidence of pending claims and claims history as well as evidence of Contractor's ability to pay claims
for all deductible amounts and self-insured retentions proposed in excess of$10,000.
5.3 Other Insurance Requirements. The following provisions shall apply to the insurance policies
required of Contractor under this Agreement:
5.3.1 For any claims related to this Agreement, Contractor's coverage shall be primary
insurance with respect to the City and its officers,council members, officials,employees,
agents, and volunteers. Any insurance or self-insurance maintained by the City and its
officers, council members,officials, employees, agents, and volunteers shall be in excess
of Contractor's insurance and shall not contribute with it.
5.3.2 Any failure to comply with reporting or other provisions of the policies, including
breaches of warranties, shall not affect coverage provided to City and its officers, council
members,officials,employees,agents,and volunteers.
22 Revised: 6/16/10
7'0669.1
5.3.3 All insurance coverage and limits provided by Contractor and available or applicable to
this Agreement are intended to apply to each insured, including additional insureds,
against whom a claim is made or suit is brought to the full extent of the policies. Nothing
contained in this Agreement or any other agreement relating to the City or its operations
shall limit the application of such insurance coverage.
53.4 No required insurance coverages may include any limiting endorsement which
substantially impairs the coverages set forth in this Agreement_(e.g., elimination of
contractual liability or reduction of discovery period), unless the endorsement has first
beers submittcilto_the City-Manat;eLand approved in writing
5.3.5 Contractor agrees to require its insurer to modify insurance endorsements to delete any
exculpatory wording stating that failure of the insurer to mail written notice of
cancellation imposes no obligation, or that any party will "endeavor" (as opposed to
being required) to comply with the requirements of the endorsements. Certificates of
insurance will not be accepted in lieu of required endorsements, and submittal of
certificates without required endorsements may delay commencement of the Project. It is
Contractor's obligation to ensure timely compliance with all insurance submittal
requirements as provided in this Agreement.
5.3.6 Contractor agrees to ensure that subcontractors, and any other parties involved with the
Project who are brought onto or involved in the Project by Contractor, provide the same
minimum insurance coverage required of Contractor. Contractor agrees to monitor and
review all such coverage and assumes all responsibility for ensuring that such coverage is
provided in conformity with the requirements of this section. Contractor agrees that upon
request, all agreements with subcontractors and others engaged in the Project will be
submitted to the City for review.
5.3.7 Contractor acknowledges and agrees that any actual or alleged failure on the part of the
City to inform Contractor of non-compliance with any insurance requirement in no way
imposes any additional obligations on the City nor does it waive any rights in this or any
other regard.
5.3.8 Contractor shall provide proof that policies of insurance required in this Agreement,
expiring during the term of this Agreement, have been renewed or replaced with other
policies providing at least the same coverage. Proof that such coverage has been ordered
shall be submitted prior to expiration. Endorsements as required in this Agreement
applicable to the renewing or new coverage shall be provided to City no later than ten
(10)days prior to expiration of the lapsing coverage.
53.9 Requirements of specific insurance coverage features or limits contained in this section
are not intended as limitations on coverage, limits, or other requirements, or as a waiver
of any coverage normally provided by any given policy. Specific reference to a given
coverage feature is for purposes of clarification only as it pertains to a given issue,and is
not intended by any party or insured to be limiting or all-inclusive.
5.3.10 The requirements in this section supersede all other sections and provisions of this
Agreement to the extent that any other section or provision conflicts with or impair the
provisions of this section.
5.3.11 Contractor agrees to provide immediate notice to City of any claim or loss against
Contractor arising out of the Work performed under this Agreement and for any other
claim or loss which may reduce the insurance available to pay claims arising out of this
Agreement. City assumes no obligation or liability by such notice, but has the right(but
not the duty) to monitor the handling of any such claim or claims if they are likely to
23 Revised: 6/16/10
720669,1
involve City,or to reduce or dilute insurance available for payment of potential claims.
5.3.12 Contractor agrees that the provisions of this section shall not be construed as limiting in
any way the extent to which the Contractor may be held responsible for the payment of
damages resulting from the Contractor's activities or the activities of any person or
person for which the Contractor is otherwise responsible.
5.4 Sufficiency of Insurers. Insurance required in this Agreement shall be provided by authorized
insurers in good standing with the State of California. Coverage shall be provided by insurers admitted in the State
of California with an A.M. Best's Key Rating of B++, Class VII, or better, unless such requirements are waived in
writing by the City Manager or his designee due to unique circumstances.
5.5 Verification of Coverage. Contractor shall furnish City with both certificates of insurance and
endorsements, including additional insured endorsements,affecting all of the coverages required by this Agreement.
The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its
behalf. All proof of insurance is to be received and approved by the City before work commences. City reserves the
right to require Contractor's insurers to provide complete, certified copies of all required insurance policies at any
time. Additional insured endorsements are not required for Errors and Omissions and Workers' Compensation
policies.
Verification of Insurance coverage may be provided by: (1) an approved General and/or Auto Liability
Endorsement Form for the City of Palm Springs or (2) an acceptable Certificate of Liability Insurance Coverage
with an approved Additional Insured Endorsement with the following endorsements stated on the certificate:
I. "The City of Palm Springs, its officials, employees, and agents are named as an additional
insured... " ("as respects City of Palm Springs Contract No. or 'for any and all work perfomed with the City"
may be included in this statement).
2. "This insurance is primary and non-contributory over any insurance or self-insurance the City
may have..." ("as respects City of Palm Springs Contract Na" or'for any and all work performed with the City"
may be included in this statement).
3. "Should any of the above described policies be canceled before the expiration date thereof, the
issuing company will mail 30 days written notice to the Certificate Holder named." Language such as,"endeavor to"
mail and "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its
agents or representative" is not acceptable and must be crossed out.
4. Both the Workers' Compensation and Employers' Liability policies shall contain the insurer's
waiver of subrogation in favor of City, its elected officials,officers,employees,agents,and volunteers.
In addition to the endorsements listed above, the City of Palm Springs shall be named the certificate holder on the
policies. All certificates of insurance and endorsements are to be received and approved by the City before work
commences. All certificates of insurance must be authorized by a person with authority to bind coverage, whether
that is the authorized agent/broker or insurance underwriter. Failure to obtain the required documents prior to the
commencement of work shall not waive the Contractor's obligation to provide them.
24 Revised: 6/16/10
720669.1
6. INDEMNIFICATION
6.1 Indemnification and Reimbursement. To the fullest extent permitted by law, Contractor
shall defend(at Contractor's sole cost and expense), indemnify,protect,and hold harmless City, its elected officials,
officers, employees, agents, and volunteers (collectively the "Indemnified Parties"), from and against any and all
liabilities, actions, suits, claims, demands, losses, costs, judgments, arbitration awards, settlements, damages,
demands, orders, penalties, and expenses including legal costs and attorney fees (collectively"Claims"), including
but not limited to Claims arising from injuries to or death of persons(Contractor's employees included),for damage
to property, including property owned by City, from any violation of any federal, state, or local law or ordinance,
and from errors and omissions committed by Contractor, its officers, employees, representatives, and agents, that
arise out of or relate to Contractor's performance under this Agreement. This indemnification clause excludes
Claims arising from the sole negligence or willful misconduct of the City, its elected officials, officers, employees,
agents, and volunteers. Under no circumstances shall the insurance requirements and limits set forth in this
Agreement be construed to limit Contractor's indemnification obligation or other liability under this Agreement.
Contractor's indemnification obligation shall survive the expiration or earlier termination of this Agreement until all
actions against the Indemnified Parties for such matters indemnified are fully and finally barred by the applicable
statute of limitations or, if an action is timely filed, until such action is final. This provision is intended for the
benefit of third party Indemnified Parties not otherwise a party to this Agreement.
6.2 Desien Contract Services Indemnification and Reimbursement. If the Agreement is
determined to be a"design contract services agreement" and Contractor is a"design contract" under California Civil
Code Section 2782.8,then:
A. To the fullest extent permitted by law, Contractor shall indemnify, defend (at
Contractor's sole cost and expense), protect and hold harmless City and its elected officials, officers, employees,
agents and volunteers and all other public agencies whose approval of the project is required, (individually
"Indemnified Party";collectively"Indemnified Parties")against any and all liabilities,claims,judgments, arbitration
awards, settlements, costs, demands, orders and penalties (collectively "Claims"), including but not limited to
Claims arising from injuries or death of persons (Contractor's employees included) and damage to property, which
Claims arise out of,pertain to, or are related to the negligence, recklessness or willful misconduct of Contractor, its
agents, employees, or subcontractors, or arise from Contractor's negligent, reckless or willful performance of or
failure to perform any term, provision, covenant or condition of this Agreement ("Indemnified Claims"), but
Contractor's liability for Indemnified Claims shall be reduced to the extent such Claims arise from the negligence,
recklessness or willful misconduct of the City and its elected officials,officers,employees, agents and volunteers.
B. The Contractor shall require all non-design-contract sub-contractors, used or sub-
contracted by Contractor to perform the Services or Work required under this Agreement, to execute an
Indemnification Agreement adopting the indemnity provisions in sub-section 6.1 in favor of the Indemnified Parties.
In addition,Contractor shall require all non-design-contract sub-contractors,used or sub-contracted by Contractor to
perform the Services or Work required under this Agreement, to obtain insurance that is consistent with the
Insurance provisions as set forth in this Agreement,as well as any other insurance that may be required by Contract
Officer.
7. REPORTS AND RECORDS
7.1 Accountine Records. Contractor shall keep complete,accurate,and detailed accounts of all time,
costs, expenses, and expenditures pertaining in any way to this Agreement. Contractor shall keep such books and
records as shall be necessary to properly perform the Services required by this Agreement and to enable the Contract
Officer to evaluate the performance of such Services. The Contract Officer shall have full and free access to such
books and records at all reasonable times, including the right to inspect, copy, audit, and make records and
transcripts from such records.
7.2 Reports. Contractor shall periodically prepare and submit to the Contract Officer such reports
concerning the performance of the Services required by this Agreement, or as the Contract Officer shall require.
Contractor acknowledges that the City is greatly concerned about the cost of the Work and Services to be performed
under this Agreement For this reason, Contractor agrees that Contractor shall promptly notify the Contract Officer
25 Revised: 6/16/10
720669.1
the estimated increased or decreased cost if Contractor becomes aware of any facts, circumstances, techniques, or
events that may or will materially increase or decrease the cost of the contemplated Work or Services. If Contractor
is providing design services, Contractor shall promptly notify the Contract Officer the estimated increased or
decreased cost for the project being designed if Contractor becomes aware of any facts, circumstances, techniques,
or events that may or will materially increase or decrease the cost of the design services.
7.3 Ownership of Documents. All drawings, specifications, reports, records, documents,
memoranda, correspondence, computations, and other materials prepared by Contractor, its employees,
subcontractors,and agents in the performance of this Agreement shall be the property of City and shall be promptly
delivered to City upon request of the Contract Officer or upon the termination of this Agreement. Contractor shall
have no claim for further employment or additional compensation as a result of the exercise by City of its full rights
of ownership of the documents and materials. Any use of such completed documents for other projects and/or use
of incomplete documents without specific written authorization by the Contractor will be at the City's sole risk and
without liability to Contractor, and the City shall indemnify the Contractor for all resulting damages. Contractor
may retain copies of such documents for their own use. Contractor shall have an unrestricted right to use the
concepts embodied tin this Agreement. Contractor shall ensure that all its subcontractors shall provide for
assignment to City of any documents or materials prepared by them. In the event Contractor fails to secure such
assignment,Contractor shall indemnify City for all resulting damages.
7.4 Release of Documents. All drawings, specifications, reports, records, documents, and other
materials prepared by Contractor in the performance of services under this Agreement shall not be released publicly
without the prior written approval of the Contract Officer. All information gained by Contractor in the performance
of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior
written authorization.
7.5 Audit and Inspection of Records. After receipt of reasonable notice and during the regular
business hours of City, Contractor shall provide City, or other agents of City, such access to Contractor's books,
records, payroll documents, and facilities as City deems necessary to examine, copy, audit, and inspect all
accounting books, records, work data, documents, and activities directly related to Contractor's performance under
this Agreement. Contractor shall maintain such books, records, data, and documents in accordance with generally
accepted accounting principles and shall clearly identify and make such items readily accessible to such parties
during the term of this Agreement and for a period of three (3) years from the date of final payment by City
hereunder.
8. ENFORCEMENT OF AGREEMENT
8.1 California Law and Venue. This Agreement shall be construed and interpreted both as to
validity and as to performance of the Parties in accordance with the laws of the State of California. Legal actions
concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the
Superior Court of the County of Riverside, State of California, or any other appropriate court in such County, and
Contractor covenants and agrees to submit to the personal jurisdiction of such court in the event of such action.
8.2 Interpretation. This Agreement shall be construed-us_a vvhole�c�ordine to its fair language and
common meaning to achieve the obiectives and purposes of the Parties. The terms of this Agreement are contractual
and the result of negotiation between the Parties. Accordingly, any rule of construction of contracts (including,
without limitation, California Civil Code Section 1654) that ambiguities are to be construed against the drafting
party, shall not be employed in the interpretation of this Agreement. The caption headings of the various sections
and paragraphs of this Agreement are for convenience and identification purposes only and shall not be deemed to
limit,expand,or define the contents of the respective sections or paragraphs.
8.3 Default of Contractor. Contractor's failure to comply with any provision of this Agreement shall
constitute a default.
A. If the City Manager, or his designee, determines that Contractor is in default in the
performance of any of the terms or conditions of this Agreement, he/she shall notify Contractor in writing of such
default. Contractor shall have ten (10) days, or such longer period as City may designate, to cure the default by
26 Revised: 6/16/10
720669.1
rendering satisfactory performance. In the event Contractor fails to cure its default within such period of time, City
shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without
further notice and without prejudice of any remedy to which City may be entitled at law, in equity, or under this
Agreement. Contractor shall be liable for all reasonable costs incurred by City as a result of such default.
Compliance with the provisions of this section shall not constitute a waiver of any City right to take legal action in
the event that the dispute is not cured, provided that nothing shall limit City's right to terminate this Agreement
without cause under Section 3.5.
B. If termination is due to the failure of the Contractor to fulfill its obligations under this
Agreement, City may, after compliance with the provisions of Section 8.3A, take over the work and prosecute the
same to completion by contract or otherwise. The Contractor shall be liable to the extent that the total cost for
completion of the Services required hereunder exceeds the Maximum Contract Amount(provided that the City shall
use reasonable efforts to mitigate such damages). The City may withhold any payments to the Contractor for the
purpose of set-off or partial payment of the amounts owed the City as previously stated. The withholding or failure
to withhold payments to Contractor shall not limit Contractor's liability for completion of the Services as provided
in this Agreement.
8.4 Waiver. No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. Any
waiver by the Parties of any default or breach of any covenant, condition, or term contained in this Agreement, shall
not be construed to be a waiver of any subsequent or other default or breach, nor shall failure by the Parties to
require exact, full, and complete compliance with any of the covenants, conditions, or terms contained in this
Agreement be construed as changing the terms of this Agreement in any manner or preventing the Parties from
enforcing the full provisions.
8.5 Riahts and Remedies Cumulative. Except with respect to rights and remedies expressly
declared to be exclusive in this Agreement,the rights and remedies of the Parties are cumulative and the exercise by
either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different
times,of any other rights or remedies for the same default or any other default by the other Party.
8.6 Legal Action. In addition to any other rights or remedies, either Party may take legal action, in
law or in equity, to cure,correct,remedy or recover damages for any default,to compel specific performance of this
Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent with the purposes of
this Agreement.
8.7 Attorney Fees. In the event any dispute between the Parties with respect to this Agreement
results in litigation or any non-judicial proceeding, the prevailing Party shall be entitled, in addition to such other
relief as may be granted,to recover from the non-prevailing Party all reasonable costs and expenses. These include
but are not limited to reasonable attorney fees, expert Contractor fees, court costs and all fees, costs, and expenses
incurred in any appeal or in collection of any judgment entered in such proceeding. To the extent authorized bylaw,
in the event of a dismissal by the plaintiff or petitioner of the litigation or non-judicial proceeding within thirty(30)
days of the date set for trial or hearing,the other Party shall be deemed to be the prevailing Party in such litigation or
proceeding.
27 Revised: 6/16/10
720669.1
9. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
9.1 Non-liability of Citv Officers and Employees. No officer or employee of the City shall be
personally liable to the Contractor, or any successor-in-interest, in the event of any default or breach by the City or
for any amount which may become due to the Contractor or to its successor, or for breach of any obligation of the
terms of this Agreement.
9.2 Conflict of Interest. No officer or employee of the City shall have any direct or indirect financial
interest in this Agreement nor shall any such officer or employee participate in any decision relating to the
Agreement which effects their financial interest or the financial interest of any corporation, partnership, or
association in which he/she is, directly or indirectly, interested in violation of any state statute or regulation.
Contractor warrants that Contractor has not paid or given, and will not pay or give, any third party any money or
other consideration in exchange for obtaining this Agreement.
9.3 Covenant Against Discrimination. In connection with its performance under this Agreement,
Contractor shall not discriminate against any employee or applicant for employment because of race, religion,color,
sex, age, marital status, ancestry, or national origin. Contractor shall ensure that applicants are employed, and that
employees are treated during their employment, without regard to their race, religion,color, sex, age, marital status,
ancestry, or national origin. Such actions shall include,but not be limited to,the following: employment,upgrading,
demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation;and selection for training,including apprenticeship.
10. MISCELLANEOUS PROVISIONS
10.1 Patent and Copyright Infringement. To the fullest extent permissible under law, and in lieu of
any other warranty by City or Contractor against patent or copyright infringement,statutory or otherwise:
A. It is agreed that Contractor shall defend at its expense any claim or suit against City on
account of any allegation that any item furnished under this Agreement, or the normal use or sale arising out of the
performance of this Agreement, infringes upon any presently existing U.S. letters patent or copyright and Contractor
shall pay all costs and damages finally awarded in any such suit or claim, provided that Contractor is promptly
notified in writing of the suit or claim and given authority, information and assistance at Contractor's expense for
the defense of same, and provided such suit or claim arises out of, pertains to, or is related to the negligence,
recklessness or willful misconduct of Contractor. However, Contractor will not indemnify City if the suit or claim
results from: (1) City's alteration of a deliverable, such that City's alteration of such deliverable created the
infringement upon any presently existing U.S. letters patent or copyright; or (2) the use of a deliverable in
combination with other material not provided by Contractor when it is such use in combination which infringes upon
an existing U.S. letters patent or copyright.
B. Contractor shall have sole control of the defense of any such claim or suit and all
negotiations for settlement in the event City fails to cooperate in the defense of any suit or claim,provided,however,
that such defense shall be at Contractor's expense. Contractor shall not be obligated to indemnify City under any
settlement that is made without Contractor's consent, which shall not be unreasonably withheld. If the use or sale of
such item is enjoined as a result of the suit or claim, Contractor, at no expense to City,shall obtain for City the right
to use and sell the item, or shall substitute an equivalent item acceptable to City and extend this patent and copyright
indemnity thereto.
10.2 Notice. Any notice, demand, request, consent, approval, or communication that either party
desires, or is required to give to the other parry or any other person shall be in writing. All notices shall be
personally delivered, sent by pre-paid First Class U.S. Mail, registered or certified mail, postage prepaid, return
receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission. All notices
shall be deemed received upon the earlier of(i) the date of delivery to the address of the person to receive such
notice if delivered personally or by messenger or overnight courier; (ii) five (5) business days after the date of
posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request,
demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by
letter mailed or delivered. Other forms of electronic transmission such as e-mails, text messages, and instant
28 Revised: 6/16/l0
ra669.1
messages are not acceptable manners of notice required hereunder. Notices or other communications shall be
addressed as follows:
To Cit City of Palm springs
Attention:City Manager&City Clerk
3200 E.Tahquitz Canyon Way
Palm springs, California 92262
Telephone: (760)323-8204
Facsimile: (760)323-8332
To Contractor:
.iN: III t i
httettppr#:'
Tel ,0OF
Facslttulc,I
10.3 Integrated Agreement. This Agreement constitutes the entire agreement between the Parties and
supersedes all prior negotiations, arrangements, agreements, representations, and understandings, if any, made by or
among the Parties with respect to the subject matter in this Agreement.
10.4 Amendment. No amendments or other modifications of this Agreement shall be binding
unless through written agreement by all Parties.
10.5 Severability. Whenever possible, each provision of this Agreement shall be interpreted in such a
manner as to be effective and valid under applicable law. If any provision of this Agreement shall be determined to
be invalid by a final judgment or decree of a court of competent jurisdiction,such provision shall be ineffective only
to the extent of such prohibition or invalidity, without invalidating the reminder of that provision, or the remaining
provisions of this Agreement unless the invalid provision is so material that its invalidity deprives either Party of the
basic benefit of their bargain or renders this Agreement meaningless.
10.5 Successors in Interest. This Agreement shall be binding upon and inure to the benefit of the
Parties' successors and assignees.
10.6 Third Party Beneficiary. Except-as may be expressly provided for in this Agreement. nothin
contained in this Agreement is intended to confer—nor shall this Agreement be construed as conferring any rights
including, without limitation any rights s a third-party beneficiary or otherwise upon any entity or person not a
party to this Agreement.
10.7 Recitals. The abovc-referenced Recitalsr_her&y imQWQLawd into the Agreement h
fully set forth in this Agreement and each Party acknowledges and agrees that such Party is bound. for purnoses of
this Aereement_by tltc sank.
10.8. Corporate Authority. Each of the undersigned represents and warrants that (i) the Party for
which he or she is executing this Agreement is duly authorized and existing, (ii) he or she is duly authorized to
execute and deliver this Agreement on behalf of the Party for which he or she is signing, (iii) by so executing this
Agreement, the Party for which he or she is signing is formally bound to the provisions of this Agreement, and (iv)
the entering into this Agreement does not violate any provision of any other Agreement to which the Party for which
he or she is signing is bound.
29 Revised: 6/16/10
720669.1
IN WITNESS WHEREOF,the Parties have executed this Agreement as of the dates stated below.
"CITY"
City of Palm Springs
Date: By:
David H.Ready
City Manager
APPROVED AS TO FORM: ATTEST
By: By:
Douglas C. Holland, James Thompson,
City Attorney City Clerk
APPROVED BY CITY COUNCIL:
Date: Agreement No.
Corporations require two notarized signatures. One signature must be from Chairman of Board,President,or any Vice President. The
second signature must be from the Secretary,Assistant Secretary,Treasurer,Assistant Treasurer,or Chief Financial Officer.
CONTRACTOR NAME:
Check one_Individual Partnership Corporation
Address
By By
Signature(Notarized) Signature(Notarized)
30 Revised: 6/16/10
]20669.1
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of
On before me, —
pap -_"Nave Fuert Nenc aNTitle al the IXfiur
personally appeared __ a etas er s dnFrt:l
who proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) Ware subscribed to the
within instrument and acknowledged to me that
he/she/they executed the same in his/herAheir authorized
capacity(jes),and that by his4w)their signatuie(s)on the
instrument the person(s), or the entity upon behalf of
which the persons)acted,executed the instrument.
I certify under PENALTY OF PERJURY under the laws
of the State of California that the foregoing paragraph Is
true and correct.
WITNESS my hand and official seal.
Signature
Flue 0.bUry BBiI mrw 9�.utun N?bmry NW
OPTIONAL
7bough the information below is not requVed by few.It may Mow vaetabte ro persons re"V on the downwof
and could prevent heudufent removal and reaaadrment of this form to a Itw document.
Description of Attached Document
Title or Type of Document:
Document Date: Number of Pages:
Slgner(s)Other Than Named Above:
Capaeity(ies)Claimed by Signer(s)
Signer's Name: Slgnees Name:
❑ Individual ❑Individual
❑ Corporate Otficer—Tifie(s): ❑Corporate Officer—Tide(a):
Partner—❑Limited L1 General ❑Partner—U Limited L General
Attorney in Fact ❑Attorney In Feet
.trustee Tap of a rrb Here 3 Trustee ! Top of own*Item
L] Guerdlan or Conservator 3 Guardian or Conservator
❑ Other __ Ll Other: -_-_--
Signer Is Representing: Signer Is Representing:
omor NwwlNdvy A®mrYoo+esso e.smo eee..raanaaox.aem.aen.0 arsis¢aaz,mw.atiw�lolarrarp Msnts9or aanler.Cetlrd:WeG tiIODSMB847
31 Revised: 6/16/10
720669A
EXIIIBIT"A"
SCOPE OF SERVICES
EXHIBIT`B"
CITY'S REQUEST FOR PROPOSALS
EXHIBIT"C"
CONTRACTOR'S PROPOSAL
EXHIBIT"D"
SCHEDULE OF COMPENSATION
EXHIBIT"E"
SCHEDULE OF PERFORMANCE