HomeMy WebLinkAbout07 - Approval and Award of On-Call M/RSA for Vehicle Customization and Upfitting ServicesQ �EwPpRT
CITY OF
s NEWPORT BEACH
`q44:09 City Council Staff Report
January 23, 2024
Agenda Item No. 7
TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: David A. Webb, Public Works Director - 949-644-3311,
dawebb@newportbeachca.gov
PREPARED BY: Kyle Brodowski, Facilities and Equipment Maintenance Manager -
949-718-3464, kbrodowski@newportbeachca.gov
TITLE: Approval and Award of On -Call Maintenance/Repair Services
Agreement with Joslin Mobile, Inc. for Vehicle Customization and
Upfitting Services
The City of Newport Beach utilizes special equipment installers for the upfitting and
customization of emergency lighting, communication technology, and tactical equipment
as needed for fire, lifeguard, and public works vehicles. The current agreement (Contract
No. 7508-2) with Joslin Mobile Inc. (Joslin), expires in September 2024; however, there
is currently less than 5% of the total -not -to -exceed funding remaining. Therefore, staff
prepared and published a Request for Proposals (RFP) for Vehicle Customization and
Upfitting Services. With the completion of the RFP selection process, staff recommends
awarding an on -call agreement with Joslin for a five-year term and a total not -to -exceed
amount of $1,045,000.
RECOMMENDATIONS:
a) Determine this action is exempt from the California Environmental Quality Act (CEQA)
pursuant to Sections 15060(c)(2) and 15060(c)(3) of the CEQA Guidelines because
this action will not result in a physical change to the environment, directly or indirectly;
and
b) Approve an On -Call Maintenance/Repair Services Agreement with Joslin Mobile Inc.
for vehicle customization and upfitting services for a five-year term and a total amount
not -to -exceed $1,045,000, and authorize the Mayor and City Clerk to execute the
agreement.
DISCUSSION:
Each year, the Public Works Department oversees the replacement of 35-50 vehicles
including Fire Department apparatus and large equipment. Most of these vehicles will
require the installation of special equipment such as:
• Emergency lights that must comply with CCR title 13 § 818, Type of Warning
Lamps Used on Emergency Vehicles and Special Hazard Vehicles;
7-1
Approval and Award of On -Call Maintenance/Repair Services Agreement with
Joslin Mobile, Inc. for Vehicle Customization and Upfitting Services
January 23, 2024
Page 2
• Communication technology, collision avoidance technology, mobile computers,
proximity sensors, video gear, auxiliary power supplies; and
• Custom fasteners, brackets, and storage compartments to accommodate tactical
gear, and special equipment.
These upfitting and customization services may require the complete removal of exterior
body panels, fenders, hoods, bumpers, and exterior lights. In addition, vehicle interiors
including dashboards, center consoles, seats, body/roof panels, and carpeting are
removed to accommodate the routing of communication equipment, installation of
proximity sensors and wire harnesses, and the mounting of tactical equipment.
The Public Works Department utilizes professional contract installers with the technical
expertise, certification and knowledge of various vehicles platforms and other related
complexities, to complete this work. Contractors perform these services onsite. The ability
to utilize such services allows the City's equipment mechanics to:
• Focus on the daily maintenance and repair of the large fleet of City -owned vehicles
and equipment;
• Eliminate the need to transport equipment to and from various locations;
• Provide technology updates, modifications, or repairs to emergency response
vehicles while they remain in service; and
• Oversee installations, approve set up and lay out, picture and document design
and schematics.
• Facilitate visits with the end user and installer to deliver a seamless integration of
operator ergonomics and technology.
To identify qualified contractors to perform this work, staff prepared and issued Request
for Proposals (RFP 24-32) for Vehicle Customization and Upfitting Services.
Staff provided a list of City vehicles that included emergency response vehicles and public
service vehicles. A scope of services was provided that included examples of the most
prevalent vehicle upfitting and customization requests. Proposers were asked to
elaborate upon their experience and qualifications in performing this type of vehicle work,
as well as their methodology for performing this work at the City Corporation Yard.
The RFP yielded two responses, which were evaluated by a panel consisting of staff from
the City's Public Works, Fire and Utilities Departments. The results of this review process
can be found in the following table:
PROPOSER
TECHNICAL
COST SCORE
TOTAL SCORE
OVERALL
SCORE
(MAX 60)
(MAX 100)
RANK
(MAX 40
(HOURLY RATE)
Joslin Mobile,
37.33
60
94.53
1
Inc.
($110.00)
Norm Reeves
28
33.85
72.51
2
Ford
($195.00)
7-2
Approval and Award of On -Call Maintenance/Repair Services Agreement with
Joslin Mobile, Inc. for Vehicle Customization and Upfitting Services
January 23, 2024
Page 3
The basis used for pricing comparison was the stated hourly rate from each proposer.
Joslin proposed an hourly rate of $110, with no additional mark-up on parts. Whereas
Norm Reeves proposed an hourly rate of $195, and a 20% mark-up on parts. The basis
to evaluate technical scores focused on related experience and the ability to provide
services onsite at the City Corporation Yard. The scope of services clearly outlines that
all work shall be performed at the City Corporation Yard and Joslin was able to meet that
requirement. However Norm Reeves did not, stating in its proposal that vehicles and
equipment would be delivered to its facility for requested services.
Joslin earned the highest technical score ratings from the panel and the best hourly rate
for work performed. In addition, Joslin currently has an agreement (Contract No. 7508-2)
with the City for upfit and customization. The majority of work under their current
agreement is upfitting new vehicles, other work would include switching gear as units are
reassigned to different operations, or demobilizing equipment prior to disposal. Services
provided by Joslin continue to meet or exceed expectations, City staff is pleased with the
technical expertise and skilled labor provided by Joslin, and its ability to complete a variety
of complex work within the time frame estimated for each task. Annual expenditures with
Joslin have averaged $142,500, or 1,900 hours of labor at the previous contract rate of
$75 per hour. Based upon a new contract labor rate of $110 per hour, and 1,900 hours of
annual labor, staff now estimates annual expenditures to be approximately $209,000.
This is a significant increase in labor costs however, the previous rate of $75 per hour
was from 2019 and the new rate of $110 per hour is competitive with current industry
standards and is comparative to other rates charged for similar contract services.
Following this evaluation process staff recommends award of a new, five-year Vehicle
Customization and Upfitting Services agreement with Joslin for a total not -to -exceed
amount of $1,045,000.
FISCAL IMPACT:
The adopted budget includes sufficient funding for this purchase. It will be expensed in
the Public Works Department Maintenance Outside Labor, 7529031-851045, Rolling
Equipment Account, 7529032-911016, and the Equipment Contracted Set -Up Account,
7529032-911017.
ENVIRONMENTAL REVIEW:
Staff recommends the City Council find this action is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not
result in a direct or reasonably foreseeable indirect physical change in the environment)
and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA
Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no
potential for resulting in physical change to the environment, directly or indirectly.
7-3
Approval and Award of On -Call Maintenance/Repair Services Agreement with
Joslin Mobile, Inc. for Vehicle Customization and Upfitting Services
January 23, 2024
Page 4
NOTICING:
The agenda item has been noticed according to the Brown Act (72 hours in advance of
the meeting at which the City Council considers the item).
ATTACHMENT:
Attachment A — Maintenance/Repair Services Agreement
7-4
ATTACHMENT A
ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
WITH JOSLIN MOBILE, INC. FOR
VEHICLE CUSTOMIZATION & UPFITTING SERVICES
THIS ON -CALL MAINTENANCE/REPAIR SERVICES AGREEMENT
("Agreement") is made and entered into as of this 23rd day of January, 2024 ("Effective
Date"), by and between the CITY OF NEWPORT BEACH, a California municipal
corporation and charter city ("City"), and JOSLIN MOBILE INC., a California corporation
("Contractor"), whose address is 11090 Holmes Avenue, Jurupa Valley, CA 91752, and
is made with reference to the following:
RECITALS
A. City is a municipal corporation duly organized and validly existing under the laws
of the State of California with the power to carry on its business as it is now being
conducted under the statutes of the State of California and the Charter of City.
B. City desires to engage Contractor to perform on -call maintenance and/or repair
services for City ("Project").
C. Contractor possesses the skill, experience, ability, background, certification and
knowledge to provide the maintenance and/or repair services described in this
Agreement.
D. Contractor has examined the location of all proposed work, carefully reviewed and
evaluated the specifications set forth by City for the Project, is familiar with all
conditions relevant to the performance of services, and has committed to perform
all work required for the compensation specified in this Agreement.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties
as follows:
1. TERM
The term of this Agreement shall commence on the Effective Date, and shall
terminate on January 22, 2029, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
2.1 Contractor shall perform the on -call services described in the Scope of
Services attached hereto as Exhibit A and incorporated herein by reference ("Services"
or "Work"). Upon written request from the Project Administrator as defined herein,
Contractor shall provide a letter proposal for Services requested by the City (hereinafter
referred to as the "Letter Proposal'). The Letter Proposal shall include the following:
2.1.1 A detailed description of the Services to be provided;
2.1.2 The position of each person to be assigned to perform the Services,
and the name of the individuals to be assigned, if available;
7-5
and
2.1.3 The estimated number of hours and cost to complete the Services;
2.1.4 The time needed to finish the specific project.
2.2 No Services shall be provided until the Project Administrator has provided
written acceptance of the Letter Proposal. Once authorized to proceed, Contractor shall
diligently perform the duties in the approved Letter Proposal.
3. TIME OF PERFORMANCE
3.1 Time is of the essence in the performance of Services under this Agreement
and Contractor shall perform the Services in accordance with the schedule included in
Exhibit A and the Letter Proposal. In the absence of a specific schedule, the Services
shall be performed to completion in a diligent and timely manner. The failure by
Contractor to strictly adhere to the schedule set forth in Exhibit A and the Letter Proposal,
if any, or perform the Services in a diligent and timely manner may result in termination
of this Agreement by City.
3.2 Notwithstanding the foregoing, Contractor shall not be responsible for
delays due to causes beyond Contractor's reasonable control. However, in the case of
any such delay in the Services to be provided for the Project, each party hereby agrees
to provide notice within two (2) calendar days of the occurrence causing the delay to the
other party so that all delays can be addressed.
3.3 Contractor shall submit all requests for extensions of time for performance
in writing to the Project Administrator as defined herein, not later than two (2) calendar
days after the start of the condition that purportedly causes a delay. The Project
Administrator shall review all such requests and may grant reasonable time extensions
for unforeseeable delays that are beyond Contractor's control.
3.4 For all time periods not specifically set forth herein, Contractor shall respond
in the most expedient and appropriate manner under the circumstances, by fax, hand -
delivery or mail.
4. COMPENSATION TO CONTRACTOR
4.1 City shall pay Contractor for the Services on a time and expense not -to -
exceed basis in accordance with the provisions of this Section and the Letter Proposal
and the Schedule of Billing Rates attached hereto as Exhibit B and incorporated herein
by reference. Except as otherwise provided herein, no rate changes shall be made during
the term of this Agreement without the prior written approval of City. Contractor's
compensation for all Services performed in accordance with this Agreement, including all
reimbursable items, shall not exceed One Million Forty Five Thousand Dollars and
00/100 ($1,045,000.00), without prior written amendment to the Agreement.
4.2 Contractor shall submit monthly invoices to City describing the Work
performed the preceding month. Contractor's bills shall include the name and/or
classification of employee who performed the Work, a brief description of the Services
performed and/or the specific task in the Scope of Services to which it relates, the date
Joslin Mobile Inc Page 2 7.6
the Services were performed, the number of hours spent on all Work billed on an hourly
basis, and a description of any reimbursable expenditures. City shall pay Contractor no
later than thirty (30) calendar days after approval of the monthly invoice by City staff.
4.3 City shall reimburse Contractor only for those costs or expenses specifically
identified in Exhibit B to this Agreement and the Letter Proposal, or specifically approved
in writing in advance by City.
4.4 Contractor shall not receive any compensation for Extra Work performed
without the prior written authorization of City. As used herein, "Extra Work" means any
Work that is determined by City to be necessary for the proper completion of the Project,
but which is not included within the Scope of Services and which the parties did not
reasonably anticipate would be necessary at the execution of this Agreement.
Compensation for any authorized Extra Work shall be paid in accordance with Exhibit B
and the Letter Proposal.
5. PROJECT MANAGER
5.1 Contractor shall designate a Project Manager, who shall coordinate all
phases of the Project. This Project Manager shall be available to City at all reasonable
times during the Agreement term. Contractor has designated Russell Joslin to be its
Project Manager. Contractor shall not remove or reassign the Project Manager or any
personnel listed in Exhibit A or assign any new or replacement personnel to the Project
without the prior written consent of City. City's approval shall not be unreasonably
withheld with respect to the removal or assignment of non -key personnel.
5.2 Contractor, at the sole discretion of City, shall remove from the Project any
of its personnel assigned to the performance of Services upon written request of City.
Contractor warrants that it will continuously furnish the necessary personnel to complete
the Project on a timely basis as contemplated by this Agreement.
6. ADMINISTRATION
This Agreement will be administered by the Public Works. City's Fleet/Facilities
Manager or designee shall be the Project Administrator and shall have the authority to
act for City under this Agreement. The Project Administrator shall represent City in all
matters pertaining to the Services to be rendered pursuant to this Agreement.
7. CITY'S RESPONSIBILITIES
To assist Contractor in the execution of its responsibilities under this Agreement,
City agrees to provide access to and upon request of Contractor, one copy of all existing
relevant information on file at City. City will provide all such materials in a timely manner
so as not to cause delays in Contractor's Work schedule.
8. TYPE AND INSTALLATION OF MATERIALS/STANDARD OF CARE
8.1 Contractor shall use only the standard materials described in Exhibit A in
performing Services under this Agreement. Any deviation from the materials described
Joslin Mobile Inc Page 3 7_7
in Exhibit A shall not be installed or utilized unless approved in advance and in writing by
the Project Administrator.
8.2 All of the Services shall be performed by Contractor or under Contractor's
supervision. Contractor represents that it possesses the personnel required to perform
the Services required by this Agreement, and that it will perform all Services in a manner
commensurate with community professional standards and with the ordinary degree of
skill and care that would be used by other reasonably competent practitioners of the same
discipline under similar circumstances. All Services shall be performed by qualified and
experienced personnel who are not employed by City. By delivery of completed Work,
Contractor certifies that the Work conforms to the requirements of this Agreement, all
applicable federal, state and local laws and legally recognized professional standards.
8.3 Contractor represents and warrants to City that it has, shall obtain and shall
keep in full force and effect during the term hereof, at its sole cost and expense, all
licenses, permits, qualifications, insurance and approvals of whatsoever nature that is
legally required of Contractor to practice its profession. Contractor shall maintain a City
of Newport Beach business license during the term of this Agreement.
8.4 Contractor shall not be responsible for delay, nor shall Contractor be
responsible for damages or be in default or deemed to be in default by reason of strikes,
lockouts, accidents, acts of God, or the failure of City to furnish timely information or to
approve or disapprove Contractor's Work promptly, or delay or faulty performance by City,
contractors, or governmental agencies.
9. RESPONSIBILITY FOR DAMAGES OR INJURY
9.1 City and all officers, employees and representatives thereof shall not be
responsible in any manner for any loss or damage to any of the materials or other things
used or employed in performing the Project or for injury to or death of any person as a
result of Contractor's performance of the Services required hereunder; or for damage to
property from any cause arising from the performance of the Project by Contractor, or its
subcontractors, or its workers, or anyone employed by either of them.
9.2 Contractor shall be responsible for any liability imposed by law and for
injuries to or death of any person or damage to property resulting from defects,
obstructions or from any cause arising from Contractor's Work on the Project, or the Work
of any subcontractor or supplier selected by Contractor.
9.3 To the fullest extent permitted by law, Contractor shall indemnify, defend
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees (collectively, the "Indemnified Parties") from and against any
and all claims (including, without limitation, claims for bodily injury, death or damage to
property), demands, obligations, damages, actions, causes of action, suits, losses,
judgments, fines, penalties, liabilities, costs and expenses (including, without limitation,
attorneys' fees, disbursements and court costs) of every kind and nature whatsoever
(individually, a Claim; collectively, "Claims"), which may arise from or in any manner relate
(directly or indirectly) to any breach of the terms and conditions of this Agreement, any
Work performed or Services provided under this Agreement including, without limitation,
Joslin Mobile Inc Page 4 7.8
defects in workmanship or materials or Contractor's presence or activities conducted on
the Project (including the negligent and/or willful acts, errors and/or omissions of
Contractor, its principals, officers, agents, employees, vendors, suppliers, consultants,
subcontractors, anyone employed directly or indirectly by any of them or for whose acts
they may be liable or any or all of them), and/or if it is subsequently determined that an
employee of Contractor is not an independent contractor.
9.4 Notwithstanding the foregoing, nothing herein shall be construed to require
Contractor to indemnify the Indemnified Parties from any Claim arising from the sole
negligence orwillful misconduct of the Indemnified Parties. Nothing in this indemnity shall
be construed as authorizing any award of attorneys' fees in any action on or to enforce
the terms of this Agreement. This indemnity shall apply to all claims and liability
regardless of whether any insurance policies are applicable. The policy limits do not act
as a limitation upon the amount of indemnification to be provided by Contractor.
9.5 Contractor shall perform all Work in a manner to minimize public
inconvenience and possible hazard, to restore other work areas to their original condition
and former usefulness as soon as possible, and to protect public and private property.
Contractor shall be liable for any private or public property damaged during the
performance of the Work by Contractor or its agents.
9.6 To the extent authorized by law, as much of the money due Contractor
under and by virtue of the Agreement as shall be considered necessary by City may be
retained by it until disposition has been made of such suits or claims for damages as
aforesaid.
9.7 The rights and obligations set forth in this Section shall survive the
termination of this Agreement.
10. INDEPENDENT CONTRACTOR
10.1 It is understood that City retains Contractor on an independent contractor
basis and Contractor is not an agent or employee of City. The manner and means of
conducting the Work are under the control of Contractor, except to the extent they are
limited by statute, rule or regulation and the expressed terms of this Agreement. No civil
service status or other right of employment shall accrue to Contractor or its employees.
Nothing in this Agreement shall be deemed to constitute approval for Contractor or any
of Contractor's employees or agents, to be the agents or employees of City. Contractor
shall have the responsibility for and control over the means of performing the Work,
provided that Contractor is in compliance with the terms of this Agreement. Anything in
this Agreement that may appear to give City the right to direct Contractor as to the details
of the performance of the Work or to exercise a measure of control over Contractor shall
mean only that Contractor shall follow the desires of City with respect to the results of the
Services.
10.2 Contractor agrees and acknowledges that no individual performing Services
or Work pursuant to this Agreement shall: work full-time for more than six (6) months;
work regular part-time service of at least an average of twenty (20) hours per week for
Joslin Mobile Inc Page 5 7.9
one year or longer; work nine hundred sixty (960) hours in any fiscal year; or already be
a CaIPERS member.
11. COOPERATION
Contractor agrees to work closely and cooperate fully with City's designated
Project Administrator and any other agencies that may have jurisdiction or interest in the
Work to be performed. City agrees to cooperate with Contractor on the Project.
12. CITY POLICY
Contractor shall discuss and review all matters relating to policy and Project
direction with City's Project Administrator in advance of all critical decision points in order
to ensure the Project proceeds in a manner consistent with City goals and policies.
13. PROGRESS
Contractor is responsible for keeping the Project Administrator informed on a
regular basis regarding the status and progress of the Project, activities performed and
planned, and any meetings that have been scheduled or are desired.
14. INSURANCE
Without limiting Contractor's indemnification of City, and prior to commencement
of Work, Contractor shall obtain, provide and maintain at its own expense during the term
of this Agreement or for other periods as specified in this Agreement, policies of insurance
of the type, amounts, terms and conditions described in the Insurance Requirements
attached hereto as Exhibit C, and incorporated herein by reference.
15. PROHIBITION AGAINST ASSIGNMENTS AND TRANSFERS
Except as specifically authorized under this Agreement, the Services to be
provided under this Agreement shall not be assigned, transferred contracted or
subcontracted out without the prior written approval of City. Any of the following shall be
construed as an assignment: The sale, assignment, transfer or other disposition of any
of the issued and outstanding capital stock of Contractor, or of the interest of any general
partner or joint venturer or syndicate member or cotenant if Contractor is a partnership or
joint -venture or syndicate or cotenancy, which shall result in changing the control of
Contractor. Control means fifty percent (50%) or more of the voting power or twenty-five
percent (25%) or more of the assets of the corporation, partnership or joint -venture.
16. SUBCONTRACTING
The subcontractors authorized by City, if any, to perform Work on this Project are
identified in Exhibit A and the Letter Proposal. Contractor shall be fully responsible to
City for all acts and omissions of any subcontractor. Nothing in this Agreement shall
create any contractual relationship between City and any subcontractor nor shall it create
any obligation on the part of City to pay or to see to the payment of any monies due to
any such subcontractor other than as otherwise required by law. City is an intended
beneficiary of any Work performed by the subcontractor for purposes of establishing a
Joslin Mobile Inc Page 6 7-10
duty of care between the subcontractor and City. Except as specifically authorized herein,
the Services to be provided under this Agreement shall not be otherwise assigned,
transferred, contracted or subcontracted out without the prior written approval of City.
17. OWNERSHIP OF DOCUMENTS
Each and every report, draft, map, record, plan, document and other writing
produced (hereinafter "Documents"), prepared or caused to be prepared by Contractor,
its officers, employees, agents and subcontractors, in the course of implementing this
Agreement, shall become the exclusive property of City, and City shall have the sole right
to use such materials in its discretion without further compensation to Contractor or any
other party. Contractor shall, at Contractor's expense, provide such Documents to City
upon prior written request.
18. CONFIDENTIALITY
All Documents, including drafts, preliminary drawings or plans, notes and
communications that result from the Services in this Agreement, shall be kept confidential
unless City expressly authorizes in writing the release of information.
19. RECORDS
Contractor shall keep records and invoices in connection with the Services to be
performed under this Agreement. Contractor shall maintain complete and accurate
records with respect to the costs incurred under this Agreement and any Services,
expenditures and disbursements charged to City, for a minimum period of three (3) years,
or for any longer period required by law, from the date of final payment to Contractor
under this Agreement. All such records and invoices shall be clearly identifiable.
Contractor shall allow a representative of City to examine, audit and make transcripts or
copies of such records and invoices during regular business hours. Contractor shall allow
inspection of all Work, data, Documents, proceedings and activities related to the
Agreement for a period of three (3) years from the date of final payment to Contractor
under this Agreement.
20. WITHHOLDINGS
City may withhold payment to Contractor of any disputed sums until satisfaction of
the dispute with respect to such payment. Such withholding shall not be deemed to
constitute a failure to pay according to the terms of this Agreement. Contractor shall not
discontinue Work as a result of such withholding. Contractor shall have an immediate
right to appeal to the City Manager or his/her designee with respect to such disputed
sums. Contractor shall be entitled to receive interest on any withheld sums at the rate of
return that City earned on its investments during the time period, from the date of
withholding of any amounts found to have been improperly withheld.
21. CITY'S RIGHT TO EMPLOY OTHER CONTRACTORS
City reserves the right to employ other contractors in connection with the Project.
Joslin Mobile Inc Page 7 7-11
22. CONFLICTS OF INTEREST
22.1 Contractor or its employees may be subject to the provisions of the
California Political Reform Act of 1974 (the "Act") and/or Government Code §§ 1090 et
seq., which (1) require such persons to disclose any financial interest that may
foreseeably be materially affected by the Work performed under this Agreement, and (2)
prohibit such persons from making, or participating in making, decisions that will
foreseeably financially affect such interest.
22.2 If subject to the Act and/or Government Code §§ 1090 et seq., Contractor
shall conform to all requirements therein. Failure to do so constitutes a material breach
and is grounds for immediate termination of this Agreement by City. Contractor shall
indemnify and hold harmless City for any and all claims for damages resulting from
Contractor's violation of this Section.
23. NOTICES
23.1 All notices, demands, requests or approvals, including any change in
mailing address, to be given under the terms of this Agreement shall be given in writing,
and conclusively shall be deemed served when delivered personally, or on the third
business day after the deposit thereof in the United States mail, postage prepaid, first-
class mail, addressed as hereinafter provided.
23.2 All notices, demands, requests or approvals from Contractor to City shall be
addressed to City at:
Attn: Fleet/Facilities Manager
Public Works
City of Newport Beach
100 Civic Center Drive
PO Box 1768
Newport Beach, CA 92658
23.3 All notices, demands, requests or approvals from City to Contractor shall be
addressed to Contractor at:
Attn: Russell Joslin
Joslin Mobile Inc
11090 Holmes Ave.
Jurupa Valley, CA 91752
24. CLAIMS
Unless a shorter time is specified elsewhere in this Agreement, before making its
final request for payment under this Agreement, Contractor shall submit to City, in writing,
all claims for compensation under or arising out of this Agreement. Contractor's
acceptance of the final payment shall constitute a waiver of all claims for compensation
under or arising out of this Agreement except those previously made in writing and
identified by Contractor in writing as unsettled at the time of its final request for payment.
Contractor and City expressly agree that in addition to any claims filing requirements set
Joslin Mobile Inc Page 8 7-12
forth in the Agreement, Contractor shall be required to file any claim Contractor may have
against City in strict conformance with the Government Claims Act (Government Code
sections 900 et seq.).
25. TERMINATION
25.1 In the event that either party fails or refuses to perform any of the provisions
of this Agreement at the time and in the manner required, that party shall be deemed in
default in the performance of this Agreement. If such default is not cured within a period
of two (2) calendar days, or if more than two (2) calendar days are reasonably required
to cure the default and the defaulting party fails to give adequate assurance of due
performance within two (2) calendar days after receipt of written notice of default,
specifying the nature of such default and the steps necessary to cure such default, and
thereafter diligently take steps to cure the default, the non -defaulting party may terminate
the Agreement forthwith by giving to the defaulting party written notice thereof.
25.2 Notwithstanding the above provisions, City shall have the right, at its sole
and absolute discretion and without cause, of terminating this Agreement at any time by
giving no less than seven (7) calendar days' prior written notice to Contractor. In the
event of termination under this Section, City shall pay Contractor for Services
satisfactorily performed and costs incurred up to the effective date of termination for which
Contractor has not been previously paid. On the effective date of termination, Contractor
shall deliver to City all reports, Documents and other information developed or
accumulated in the performance of this Agreement, whether in draft or final form.
26. LABOR
26.1 Contractor shall conform with all applicable provisions of state and federal
law including, but not limited to, applicable provisions of the federal Fair Labor Standards
Act ("FLSA") (29 USCA § 201, et seq.).
26.2 Whenever Contractor has knowledge that any actual or potential labor
dispute is delaying or threatens to delay the timely performance of this Agreement,
Contractor shall immediately give written notice to City, and provide all relevant
information.
26.3 Contractor represents that all persons working under this Agreement are
verified to be U.S. citizens or persons legally authorized to work in the United States.
26.4 To the fullest extent permitted by law, Contractor shall indemnify, defend,
and hold harmless City, its City Council, boards and commissions, officers, agents,
volunteers, and employees from loss or damage, including but not limited to attorneys'
fees, and other costs of defense by reason of actual or alleged violations of any applicable
federal, state and local labor laws or law, rules, and/or regulations. This obligation shall
survive the expiration and/or termination of the Agreement.
27. STANDARD PROVISIONS
27.1 Recitals. City and Contractor acknowledge that the above Recitals are true
and correct and are hereby incorporated by reference.
Joslin Mobile Inc Page 9 7-13
27.2 Compliance with all Laws. Contractor shall, at its own cost and expense,
comply with all statutes, ordinances, regulations and requirements of all governmental
entities, including federal, state, county or municipal, whether now in force or hereinafter
enacted. In addition, all Work prepared by Contractor shall conform to applicable City,
county, state and federal laws, rules, regulations and permit requirements and be subject
to approval of the Project Administrator and City.
27.3 Waiver. A waiver by either party of any breach, of any term, covenant or
condition contained herein shall not be deemed to be a waiver of any subsequent breach
of the same or any other term, covenant or condition contained herein, whether of the
same or a different character.
27.4 Integrated Contract. This Agreement represents the full and complete
understanding of every kind or nature whatsoever between the parties hereto, and all
preliminary negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions herein.
27.5 Conflicts or Inconsistencies. In the event there are any conflicts or
inconsistencies between this Agreement and the Scope of Services or any other
attachments attached hereto, the terms of this Agreement shall govern.
27.6 Interpretation. The terms of this Agreement shall be construed in
accordance with the meaning of the language used and shall not be construed for or
against either party by reason of the authorship of the Agreement or any other rule of
construction which might otherwise apply.
27.7 Amendments. This Agreement may be modified or amended only by a
written document executed by both Contractor and City and approved as to form by the
City Attorney.
27.8 Severability. If any term or portion of this Agreement is held to be invalid,
illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining
provisions of this Agreement shall continue in full force and effect.
27.9 Controlling Law and Venue. The laws of the State of California shall govern
this Agreement and all matters relating to it and any action brought relating to this
Agreement shall be adjudicated in a court of competent jurisdiction in the County of
Orange, State of California.
27.10 Equal Opportunity Employment. Contractor represents that it is an equal
opportunity employer and it shall not discriminate against any subcontractor, employee
or applicant for employment because of race, religious creed, color, national origin,
ancestry, physical handicap, medical condition, marital status, sex, sexual orientation,
age or any other impermissible basis under law.
27.11 No Attorneys' Fees. In the event of any dispute or legal action arising under
this Agreement, the prevailing party shall not be entitled to attorneys' fees.
Joslin Mobile Inc Page 10 7-14
27.12 Counterparts. This Agreement may be executed in two (2) or more
counterparts, each of which shall be deemed an original and all of which together shall
constitute one (1) and the same instrument.
[SIGNATURES ON NEXT PAGE]
Joslin Mobile Inc Page 11 7-15
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed
on the dates written below.
APPROVED AS TO FORM:
CITY ATTORNEY'S OFFICE
Date: t/ Il l Z
By: AVon
a on C. Harp �n7s
`-i Attorney
ATTEST:
Date:
Leilani I. Brown
City Clerk
Attachments
CITY OF NEWPORT BEACH,
a California municipal corporation
Date:
Bv:
Will O Neill
Mayor
CONTRACTOR: Joslin Mobile Inc, a
California corporation
Date:
By:
Russell Todd Joslin
Chief Executive Officer/Secretary
[END OF SIGNATURES]
Exhibit A — Scope of Services
Exhibit B — Schedule of Billing Rates
Exhibit C — Insurance Requirements
Joslin Mobile Inc Page 12 7-16
EXHIBIT
SCOPE OF SERVICES
Joslin Mobile Inc Page A-1 7-17
Exhibit A
Vehicle Upfit Scope of Services
OBJECTIVE
Contractor shall provide customization and upfitting services to the City's vehicles on an on-
call/as-needed basis. All work is to be performed on -site at the City's Corporation Yard.
BACKGROUND
City Vehicles are managed by the Equipment Maintenance Division of the Public Works
Department. Each department has staff to perform certain maintenance and repair functions, but
more specialized customization and upfitting efforts have traditionally required a contractor. The
following list is a representation of the types of City vehicles currently in service, identified by
make and model:
Ford F-150
Ford F-250
Ford F-350
Ford Police Interceptor
Chevrolet Tahoe
Ford Escape
Ford Explorer
Ford E-350
Toyota Tacoma
Ford Taurus
Nissan Altima
Toyota Camry
GMC Canyon
Dodge Durango
Dodge Charger
Chevrolet Suburban
GMC Sierra
Ford Transit
BMW RT120ORTP
Chevrolet Colorado
Ford F-550
Each project may vary with regard to scope, and while the City makes no representation on
annual service volume, the Contractor shall be able to perform the following services, at a
minimum:
• Provide equipment and labor related to general vehicle maintenance & repair, including,
but not limited to: vactors, vacuum trucks, hydrovac trucks, boat vessels, utility cars and
trucks, SUVs, fire trucks, medic vans, engine pumpers, trailers, dump trucks, police
vehicles and other emergency vehicles;
• Test & replace wiring, diagnose CAN and LAN control systems;
• Install, maintain, repair, and/or replace uprights, beds, bed steps, mirrors, lights, mounts,
monitors, railings, seats, antennas, radios, batteries, speakers, etc;
• Install and/or remove exterior graphics and numbering
Install hardware designed to mount monitors, laptops, displays screens, etc,
7-18
• Troubleshoot and diagnose multiple electrical and mechanical issues to be repaired or
replaced;
• Maintain all wiring, including timers, lights, horns, etc;
• Install, remove, replace vehicle headliners, dashboards, door panels and other body parts
needed to install and/or repair emergency lighting, radios, wire harnesses, antennas,
proximity sensors and other communication devices,
• Install, remove, replace and/or repair vehicle mobile computer components; and
• Program emergency lighting and communication devices.
7-19
JOSLI N MOBILE, INC.
951-323-9489
11090 Holmes Avenue, Jurupa Valley, CA 91752
For the City of !Newport Beach
December 4, 2023
Introduction:
Joslin Mobile, Inc. has been in business for over 35 years working on 2-way communication for
work vehicles, heavy equipment, and boat vessels.
Background:
Providing upfitting and repairing of vehicles for R.F.Q of The Newport Beach Maintenance
Department for the last 7 years.
Services:
Providing vehicle maintenance and repair on 2-way communication, drug vaults, MDC's, unitrol
on vessels, modems, power invertors, chargers, shut down timers, programming, proximity
sensors and systems, fabricating for light bar mounts, L.E.D lights, controllers of Wheelen, Code
3 and ECCO products. 2-way communication on Motorola, Kenwood, BK, and David Clark
systems. Installation of Kussmaul, Newmar, Victron and Xantrex. Installation of data systems,
Getac, Havis, Cradlepoint, along with all programing.
Certification:
Russ Joslin Is the owner and operator of Joslin Mobile, Inc. and manages the following
technician(s).
Billy Zirzow is certified in alarm installation, electrical trouble shooting, 2-way communication
and portables. Response time is 24/7 and technician can be onsite in no less than 30 minutes.
Legal Exceptions:
Joslin Mobile, Inc. agrees to the terms presented in the Maintenance and Repair Draft provided
by the R.F.CL of The Newport Beach Maintenance Department.
Thank you,
Russ Joslin
7-20
EXHIBIT B
SCHEDULE OF BILLING RATES
Joslin Mobile Inc Page B-1 7-21
COST FILE
Exhibit B
One of the mandatory attachments that the PlanetBids portal will prompt you for is called
a "Cost File." Please upload this document to satisfy the requirement. Proposers may
submit pricing information on their own forms but this Cost File must also be completed.
DO NOT INCLUDE A COPY OF YOUR COST FILE WITH THE MAIN PROPOSAL FILE. Failure
to comply with directions may result in a penalty during the evaluation of the proposal
Please attach company rate sheets for items not listed below.
COST FILE INSTRUCTIONS
A. Ali work shall be performed in accordance with specifications described in the RFP.
B. Please enter your proposed pricing in the spaces provided below. For any charges
that are not reflected in the table, please attach a rate sheet.
C. Contractor is advised that the unit prices will enter into the determination of the contract
award. Unreasonable prices may result in rejection of the entire bid proposal. Unit
prices listed below refer to all items installed and the Construction Documents and
include all costs connected with such items; including but not limited to, materials,
labor, overhead, and profit for the contractor.
D. The unit price quoted by the Contractor shall be those unit prices that will be charged
or credited for labor and materials to be provided regardless of the tota[ number units
and/or amount of labor required for added or deleted items of work.
Pricing provided shall include any and all labor, materials; equipment; supervision; travel
and expenses; and insurance to provide the services described in this RFP solicitation.
210922.1
7-22
COST FILE
The undersigned certifies that submission of this Proposal is made without prior understanding,
arrangement, agreement, or connection with any corporation, firm or person submitting a
Proposal for the same services, and is in all respects fair and without collusion of fraud. The
undersigned certifies that they have not entered into any arrangement or agreement with any City
of Newport Beach public officer. The undersigned understands collusive practices are a violation
of State and Federal law and can result in fines, prison sentences, and civil damage awards.
G�
Proposer S' ature
Zy5 054A.4D C—
Printed Name and Title
2MZ2.1
Date
7-23
EXHIBIT C
INSURANCE REQUIREMENTS — MAINTENANCE/REPAIR/JANITORIAL SERVICES
1. Provision of Insurance. Without limiting Contractor's indemnification of City, and
prior to commencement of Work, Contractor shall obtain, provide and maintain at
its own expense during the term of this Agreement, policies of insurance of the
type and amounts described below and in a form satisfactory to City. Contractor
agrees to provide insurance in accordance with requirements set forth here. If
Contractor uses existing coverage to comply and that coverage does not meet
these requirements, Contractor agrees to amend, supplement or endorse the
existing coverage.
2. Acceptable Insurers. All insurance policies shall be issued by an insurance
company currently authorized by the Insurance Commissioner to transact
business of insurance in the State of California, with an assigned policyholders'
Rating of A- (or higher) and Financial Size Category Class VII (or larger) in
accordance with the latest edition of Best's Key Rating Guide, unless otherwise
approved by the City's Risk Manager.
3. Coverage Requirements.
A. Workers' Compensation Insurance. Contractor shall maintain Workers'
Compensation Insurance, statutory limits, and Employer's Liability
Insurance with limits of at least one million dollars ($1,000,000) each
accident for bodily injury by accident and each employee for bodily injury by
disease in accordance with the laws of the State of California, Section 3700
of the Labor Code.
Contractor shall submit to City, along with the certificate of insurance, a
Waiver of Subrogation endorsement in favor of City, its City Council,
boards and commissions, officers, agents, volunteers and employees.
B. General Liability Insurance. Contractor shall maintain commercial general
liability insurance and, if necessary, umbrella liability insurance, with
coverage at least as broad as provided by Insurance Services Office form
CG 00 01, in an amount not less than one million dollars ($1,000,000) per
occurrence, two million dollars ($2,000,000) general aggregate. The policy
shall cover liability arising from premises, operations, products -completed
operations, personal and advertising injury, and liability assumed under an
insured contract (including the tort liability of another assumed in a business
contract).
C. Automobile Liability Insurance. Contractor shall maintain automobile
insurance at least as broad as Insurance Services Office form CA 00 01
covering bodily injury and property damage for all activities of Contractor
arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented
Joslin Mobile Inc Page C-1 7-24
vehicles, in an amount not less than one million dollars ($1,000,000)
combined single limit each accident.
4. Other Insurance Requirements. The policies are to contain, or be endorsed to
contain, the following provisions:
A. Waiver of Subrogation. All insurance coverage maintained or procured
pursuant to this Agreement shall be endorsed to waive subrogation against
City, its City Council, boards and commissions, officers, agents, volunteers
and employees or shall specifically allow Contractor or others providing
insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. Contractor hereby waives its own right of
recovery against City, and shall require similar written express waivers from
each of its subcontractors.
B. Additional Insured Status. All liability policies including general liability,
products and completed operations, excess liability, pollution liability, and
automobile liability, if required, shall provide or be endorsed to provide that
City, its City Council, boards and commissions, officers, agents, volunteers
and employees shall be included as insureds under such policies.
C. Primary and Non Contributory. All liability coverage shall apply on a primary
basis and shall not require contribution from any insurance or self-insurance
maintained by City.
D. Notice of Cancellation. All policies shall provide City with thirty (30)
calendar days notice of cancellation (except for nonpayment for which ten
(10) calendar days notice is required) or nonrenewal of coverage for each
required coverage.
5. Additional Agreements Between the Parties. The parties hereby agree to the
following:
A. Evidence of Insurance. Contractor shall provide certificates of insurance to
City as evidence of the insurance coverage required herein, along with a
waiver of subrogation endorsement for workers' compensation and other
endorsements as specified herein for each coverage. Insurance certificates
and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be
kept on file with City at all times during the term of this Agreement. The
certificates and endorsements for each insurance policy shall be signed by
a person authorized by that insurer to bind coverage on its behalf. At least
fifteen (15) days prior to the expiration of any such policy, evidence of
insurance showing that such insurance coverage has been renewed or
extended shall be filed with the City. If such coverage is cancelled or
reduced, Contractor shall, within ten (10) days after receipt of written notice
of such cancellation or reduction of coverage, file with the City evidence of
insurance showing that the required insurance has been reinstated or has
Joslin Mobile Inc Page C-2 7-25
been provided through another insurance company or companies. City
reserves the right to require complete, certified copies of all required
insurance policies, at any time.
B. City's Right to Revise Requirements. City reserves the right at any time
during the term of the Agreement to change the amounts and types of
insurance required by giving Contractor sixty (60) calendar days advance
written notice of such change. If such change results in substantial
additional cost to Contractor, City and Contractor may renegotiate
Contractor's compensation.
C. Right to Review Subcontracts. Contractor agrees that upon request, all
agreements with subcontractors or others with whom Contractor enters into
contracts with on behalf of City will be submitted to City for review. Failure
of City to request copies of such agreements will not impose any liability on
City, or its employees. Contractor shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated
herein, and Contractor shall ensure that City is an additional insured on
insurance required from subcontractors. For CGL coverage,
subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
D. Enforcement of Agreement Provisions. Contractor acknowledges and
agrees that any actual or alleged failure on the part of City to inform
Contractor of non-compliance with any requirement imposes no additional
obligations on City nor does it waive any rights hereunder.
E. Requirements not Limiting. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage,
limits or other requirements, or a waiver of any coverage normally provided
by any insurance. 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 all inclusive, or to the exclusion of
other coverage, or a waiver of any type. If the Contractor maintains higher
limits than the minimums shown above, the City requires and shall be
entitled to coverage for higher limits maintained by the Contractor. Any
available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
F. Self -insured Retentions. Any self -insured retentions must be declared to
and approved by City. City reserves the right to require that self -insured
retentions be eliminated, lowered, or replaced by a deductible. Self-
insurance will not be considered to comply with these requirements unless
approved by City.
G. City Remedies for Non -Compliance. If Contractor or any subcontractor fails
to provide and maintain insurance as required herein, then City shall have
the right but not the obligation, to purchase such insurance, to terminate this
Joslin Mobile Inc Page C-3 7-26
Agreement, or to suspend Contractor's right to proceed until proper
evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to Contractor or reimbursed
by Contractor upon demand.
H. Timely Notice of Claims. Contractor shall give City prompt and timely notice
of claims made or suits instituted that arise out of or result from Contractor's
performance under this Agreement, and that involve or may involve
coverage under any of the required liability policies. 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.
Contractor's Insurance. Contractor shall also procure and maintain, at its
own cost and expense, any additional kinds of insurance, which in its own
judgment may be necessary for its proper protection and prosecution of the
Work.
Joslin Mobile Inc Page C-4 7-27