Bid-Contract Service & Supply s35

COUNTY OF FRESNO REQUEST FOR QUOTATION NUMBER: 998-4400

February 23, 2007 PURCHASING USE D:\Docs\2018-04- ORG/Requisition: jol 26\077870a8e61b078bbb782570f919567e.doc IMPORTANT: SUBMIT QUOTATION IN SEALED PACKAGE WITH QUOTATION NUMBER, CLOSING DATE AND BUYER’S NAME MARKED CLEARLY ON THE OUTSIDE TO: COUNTY OF FRESNO, Purchasing 4525 EAST HAMILTON AVENUE FRESNO, CA 93702-4599

CLOSING DATE OF BID WILL BE AT 2:00 P.M., ON MARCH 16, 2007. QUOTATIONS WILL BE CONSIDERED LATE WHEN THE OFFICIAL PURCHASING TIME CLOCK READS 2:00 QuotationsP.M. will be opened and publicly read at that time. All quotation information will be available for Clarificationreview after contract of specifications award. are to be directed to: Shannon W. Kirby, phone (559) 456- 7110, FAX (559) 456-7831. GENERAL CONDITIONS: See “County Of Fresno Purchasing Standard Instructions And Conditions For Request For Proposals (RFP’S) and Requests for Quotations (RFQ’S)” attached. Check County of Fresno Purchasing’s Open Solicitations website at www.co.fresno.ca.us/0440/Bidshome.asp for RFQ/RFP documents and changes. BIDDER TO COMPLETE UNDERSIGNED AGREES TO PURCHASE THE COMMODITY STIPULATED IN THE ATTACHED QUOTATION SCHEDULE AT THE PRICES AND TERMS STATED, SUBJECT TO THE “COUNTY OF FRESNO PURCHASING STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUEST FOR PROPOSALS (RFP’S) AND REQUESTS FOR QUOTATIONS (RFQ’S)”ATTACHED.

COMPANY

ADDRESS

CITY STATE ZIP CODE ( ) ( ) TELEPHONE NUMBER FACSIMILE NUMBER E-MAIL ADDRESS

SIGNED BY

PRINT NAME TITLE

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COUNTY OF FRESNO PURCHASING

STANDARD INSTRUCTIONS AND CONDITIONS FOR REQUESTS FOR PROPOSALS (RFP'S) AND REQUESTS FOR QUOTATIONS (RFQ'S)

Note: the reference to “bids” in the following paragraphs applies to RFP's and RFQ's

GENERAL CONDITIONS

By submitting a bid the bidder agrees to the following conditions. These conditions will apply to all subsequent purchases based on this bid.

1. BID PREPARATION: addenda issued shall be in writing, duly issued by Purchasing and incorporated into the contract. A) All prices and notations must be typed or written in ink. No erasures permitted. Errors may be crossed C) ISSUING AGENT/AUTHORIZED CONTACT: This RFQ has out, initialed and corrections printed in ink by person been issued by County of Fresno Purchasing. signing bid. Purchasing shall be the vendor’s sole point of contact with regard to the RFQ, its content, and all issues B) Brand Names: Brand names and numbers when concerning it. given are for reference. Equal items will be considered, provided the offer clearly describes the All communication regarding this RFQ shall be directed article and how it differs from that specified. In the to an authorized representative of County Purchasing. absence of such information it shall be understood The specific buyer managing this RFQ is identified on the offering is exactly as specified. the cover page, along with his or her telephone number, and he or she should be the primary point of C) State brand or make of each item. If bidding on contact for discussions or information pertaining to the other than specified, state make, model and brand RFQ. Contact with any other County representative, being bid and attach supporting including elected officials, for the purpose of discussing literature/specifications to the bid. this RFQ, its content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of D) Bid on each item separately. Prices should be this clause, by the vendor having unauthorized contact stated in units specified herein. All applicable (verbally or in writing) with such other County charges must be quoted; charges on invoice not representatives, may constitute grounds for rejection quoted herein will be disallowed. by Purchasing of the vendor’s quotation.

E) Time of delivery is a part of the consideration and The above stated restriction on vendor contact with must be stated in definite terms and must be County representatives shall apply until the County has adhered to. F.O.B. Point shall be destination or awarded a purchase order or contract to a vendor or freight charges must be stated. vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQ, such F) All bids must be dated and signed with the firm’s vendor may contact the appropriate individual, or name and by an authorized officer or employee. individuals who are managing that protest as outlined G) Unless otherwise noted, prices shall be firm for 120 in the County’s established protest procedures. All such days after closing date of bid. contact must be in accordance with the sequence set forth under the protest procedures. Second, in the 2. SUBMITTING BIDS: event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a A) Each bid must be submitted on forms provided in a purchase order or contract, any vendor may address sealed envelope with bid number and closing date the Board. and time on the outside of the envelope/package. D) Bids received after the closing time will NOT be B) Interpretation: Should any discrepancies or considered. omissions be found in the bid specifications or doubt as to their meaning, the bidder shall notify the Buyer E) Bidders are to bid what is specified or requested first. If in writing at once. The County shall not be held unable to or willing to, bidder may bid alternative or responsible for verbal interpretations. Questions option, indicating all advantages, disadvantages and regarding the bid must be received by Purchasing at their associated cost. least 5 working days before bid opening. All

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F) Public Contract Code Section 7028.15 A) Local Vendor Preference (applicable to RFQ Process only) Where the State of California requires a Contractor’s license, it is a misdemeanor for any person to The following provisions are applicable only to the submit a bid unless specifically exempted. County’s acquisition of materials, equipment or supplies through the RFQ process when the funding source does 3. FAILURE TO BID: not require an exemption to the Local Vendor Preference. A) If not bidding, return bid sheet and state reason for no bid or your name may be removed from mailing THE PROVISIONS OF THIS PARAGRAPH ARE APPLICABLE, list. NOTWITHSTANDING ANY OTHER PROVISIONS OF THIS RFQ TO THE CONTRARY 4. TAXES, CHARGES AND EXTRAS: If the apparent low bidder is not a local vendor, any A) County of Fresno is subject to California sales and/or local vendor who submitted a bid which was within five use tax (7.975%). Please indicate as a separate line percent (5%) of the lowest responsive bid as item if applicable. determined by the purchasing agent shall have the option of submitting a new bid within forty-eight hours B) DO NOT include Federal Excise Tax. County is (not including weekends and holidays) of County’s exempt under Registration No. 94-73-03401-K. delivery of notification. Such new bids must be in an C) County is exempt from Federal Transportation Tax. amount less than or equal to the lowest responsive bid Exemption certificate is not required where shipping as determined by the purchasing agent. If the papers show consignee as County of Fresno. purchasing agent receives any new bids from local vendors who have the option of submitting new bids D) Charges for transportation, containers, packing, etc. within said forty-eight hour period, it shall award the will not be paid unless specified in bid. contract to the local vendor submitting the lowest responsible bid. If no new bids are received, the 5. W-9 – REQUEST FOR TAXPAYER IDENTIFICATION NUMBER contract shall be awarded to the original low bidder as AND CERTIFICATION: announced by the purchasing agent.

Upon award of bid, the vendor shall submit to County B) Local Vendor Defined Purchasing, a completed W-9 - Request for Taxpayer Identification Number and Certification if not already a “Local Vendor” shall mean any business which: current vendor with The County of Fresno. This form is available from the IRS to complete on line at 1. Has its headquarters, distribution point or locally- http://www.irs.gov/pub/irs-pdf/fw9.pdf. owned franchise located in or having a street address within the County for at least six (6) 6. AWARDS: months immediately prior to the issuance of the request for competitive bids by the purchasing A) Subject to the local preference provisions referenced agent; and in Paragraph 6 below and more thoroughly set forth in the General Requirements section of this RFQ, 2. Holds any required business license by a award(s) will be made to the most responsive jurisdiction located in Fresno County; and responsible bidder. The evaluation will include such things as life-cycle cost, availability, delivery costs 3. Employs at least one (1) full-time or two (2) part- and whose product and/or service is deemed to be time employees whose primary residence is located in the best interest of the County. The County shall within Fresno County, or if the business has no be the sole judge in making such determination. employees, shall be at least fifty percent (50%) owned by one or more persons whose primary B) Unless bidder gives notice of all-or-none award in residence(s) is located within Fresno County. bid, County may accept any item, group of items or on the basis of total bid. 8. TIE BIDS:

C) The County reserves the right to reject any and all All other factors being equal, the contract shall be awarded bids and to waive informalities or irregularities in to the Fresno County vendor or, if neither or both are Fresno bids. County vendors, it may be awarded by the flip of a coin in the presence of witnesses or the entire bid may be rejected D) After award, all bids shall be open to public and re-bid. If the General Requirements of this RFQ state inspection. The County assumes no responsibility for that they are applicable, the provisions of the Fresno County the confidentiality of information offered in a bid. Local Vendor Preference shall take priority over this paragraph. 7. LOCAL VENDORS 9. PATENT INDEMNITY:

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The vendor shall hold the County, its officers, agents and published by the State Director of Industrial Relations. (See employees, harmless from liability of any nature or kind, Hazardous Substances Information and Training Act. including costs and expenses, for infringement or use of California State Labor Code Sections 6360 through 6399.7.) any copyrighted or uncopyrighted composition, secret process, patented or unpatented invention, article or 15. RECYCLED PRODUCTS/MATERIALS: appliance furnished or used in connection with this bid. Vendors are encouraged to provide and quote (with 10. SAMPLES: documentation) recycled or recyclable products/materials which meet stated specifications. Samples, when required, must be furnished and delivered free and, if not destroyed by tests, will upon 16. YEAR COMPLIANCE WARRANTY written request (within 30 days of bid closing date) be returned at the bidder's expense. In the absence of such Vendor warrants that any product furnished pursuant to this notification, County shall have the right to dispose of the Agreement/order shall support a four-digit year format and samples in whatever manner it deems appropriate. be able to accurately process date and time data from, into and between the twentieth and twenty-first centuries, as 11. RIGHTS AND REMEDIES OF COUNTY FOR DEFAULT: well as leap year calculations. "Product" shall include, without limitation, any piece or component of equipment, A) In case of default by vendor, the County may hardware, firmware, middleware, custom or commercial procure the articles or service from another source software, or internal components or subroutines therein. and may recover the cost difference and related This warranty shall survive termination or expiration of this expenses occasioned thereby from any unpaid Agreement. balance due the vendor or by proceeding against performance bond of the vendor, if any, or by suit In the event of any decrease in product functionality or against the vendor. The prices paid by the County accuracy related to time and/or date data related codes shall be considered the prevailing market price at and/or internal subroutines that impede the product from the time such purchase is made. operating correctly using dates beyond December 31, 1999, vendor shall restore or repair the product to the same level B) Articles or services, which upon delivery inspection of functionality as warranted herein, so as to minimize do not meet specifications, will be rejected and the interruption to County's ongoing business process, time vendor will be considered in default. Vendor shall being of the essence. In the event that such warranty reimburse County for expenses related to delivery of compliance requires the acquisition of additional programs, non-specified goods or services. the expense for any such associated or additional acquisitions, which may be required, including, without C) Regardless of F.O.B. point, vendor agrees to bear all limitation, data conversion tools, shall be borne exclusively risks of loss, injury or destruction to goods and by vendor. Nothing in this warranty shall be construed to materials ordered herein which occur prior to limit any rights or remedies the County may otherwise have delivery and such loss, injury or destruction shall not under this Agreement with respect to defects other than release vendor from any obligation hereunder. year performance.

12. DISCOUNTS: 17. PARTICIPATION:

Terms of less than 15 days for cash payment will be Bidder may agree to extend the terms of the resulting considered as net in evaluating this bid. A discount for contract to other political subdivision, municipalities and payment within fifteen (15) days or more will be tax-supported agencies. considered in determining the award of bid. Discount period will commence either the later of delivery or Such participating Governmental bodies shall make receipt of invoice by the County. Standard terms are Net purchases in their own name, make payment directly to Forty-five (45) days. bidder, and be liable directly to the bidder, holding the County of Fresno harmless. 13. SPECIAL CONDITIONS IN BID SCHEDULE SUPERSEDE GENERAL CONDITIONS. 18. CONFIDENTIALITY:

The “General Conditions” provisions of this RFP/RFQ shall All services performed by vendor shall be in strict be superseded if in conflict with any other section of this conformance with all applicable Federal, State of California bid, to the extent of any such conflict. and/or local laws and regulations relating to confidentiality, including but not limited to, California Civil Code, California 14. SPECIAL REQUIREMENT: Welfare and Institutions Code, Health and Safety Code, California Code of Regulations, Code of Federal Regulations. With the invoice or within twenty-five (25) days of delivery, the seller must provide to the County a Material Safety Data Sheet for each product, which contains any substance on “The List of 800 Hazardous Substances”,

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Vendor shall submit to County’s monitoring of said of 1986 and other applicable laws shall be employed in compliance. the performance of the work hereunder.

Vendor may be a business associate of County, as that B) CONTRACTOR shall obey all Federal, State, local and term is defined in the “Privacy Rule” enacted by the special district laws, ordinances and regulations. Health Insurance Portability and Accountability Act of 1996 (HIPAA). As a HIPAA Business Associate, vendor may use or disclose protected health information (“PHI”) to perform functions, activities or services for or on behalf of County as specified by the County, provided that such use or disclosure shall not violate HIPAA and its implementing regulations. The uses and disclosures if PHI may not be more expansive than those applicable to County, as the “Covered Entity” under HIPAA’S Privacy Rule, except as authorized for management, administrative or legal responsibilities of the Business Associate.

Vendor shall not use or further disclose PHI other than as permitted or required by the County, or as required by law without written notice to the County.

Vendor shall ensure that any agent, including any subcontractor, to which vendor provides PHI received from, or created or received by the vendor on behalf of County, shall comply with the same restrictions and conditions with respect to such information.

19. APPEALS

Appeals must be submitted in writing within seven (7) working days after the review committee notification of proposed recommendations. Appeals should be submitted to County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, California 93702-4599. Appeals should address only areas regarding RFP contradictions, procurement errors, quotation rating discrepancies, legality of procurement context, conflict of interest, and inappropriate or unfair competitive procurement grievance regarding the RFP process.

The Purchasing Manager will provide a written response to the complaint within seven (7) working days unless the complainant is notified more time is required.

If the protesting bidder is not satisfied with the decision of the Purchasing Manager, he/she shall have the right to appeal to the Purchasing Agent within seven (7) business days after notification of the Purchasing Manager’s decision.

If the protesting bidder is not satisfied with Purchasing Agent decision, the final appeal is with the Board of Supervisors.

20. OBLIGATIONS OF CONTRACTOR:

A) CONTRACTOR shall perform as required by the ensuing contract. CONTRACTOR also warrants on behalf of itself and all subcontractors engaged for the performance of the ensuing contract that only persons authorized to work in the United States pursuant to the Immigration Reform and Control Act

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NOTICE OF SALE

The County of Fresno, through the office of its Purchasing Agent, is offering for sale and accepting offers for a BH1000VIP Mailsystem. The conditions of sale shall be as stated herein and will apply to any sales agreement resulting from this bid.

INSPECTION: The Mailsystem being offered for sale is located at 1931 G. Street, Fresno, CA and may be inspected on March 1, 2007 at 10:00 A.M.. For further inspection details contact Shannon W. Kirby at (559) 456-7110.

PUBLIC OPENING: Sealed bids will be received at County of Fresno Purchasing, 4525 E. Hamilton Avenue, Fresno, California 93702, on the date and time stated on Page 1 of this Request for Quotation at which time they will be publicly opened. Bidder need not be present at bid opening.

The “Buyer” as referred to herein is the “successful bidder”. The “Seller” as referred to herein is the “County of Fresno”.

COPIES: Submit one (1) original and two (2) copies of your quotation no later than the RFQ closing date and time as stated on the front of this document, to County of Fresno Purchasing.

CONDITIONS OF SALE

All items listed herein are sold on a “where is” and “as is” basis; the County of Fresno makes no warranty, expressed or implied.

All bids shall remain firm for sixty (60) calendar days after the bid opening date.

PAYMENT: Payment shall be in the form of a certified check and shall be delivered to the office of the Purchasing Agent within ten (10) days of award. Goods will not be released until payment is received.

Buyer shall coordinate removal of item(s) with the County’s need and must have items(s) removed within twenty (20) days of bid award unless otherwise arranged through County of Fresno Purchasing. Should Buyer not pick up sale property within the agreed upon time period as stated above, Buyer’s rights and claims to said property shall be forfeited to the County at County’s option.

Any and all costs for transportation, handling, loading, inspection, etc. of the sale property are the responsibility of the Buyer, at the Buyer’s sole cost and expense. The Buyer shall assume full responsibility and all liability associated with the removal of items bought and will hold the County of Fresno, its officers, agents, servants and employees harmless from liability of any nature or kind in regard to this sale.

Successful bidder shall pay to the County, California State Sales Tax in the amount of 7.975% of the total purchase. Sales Tax will not be assessed when the Buyer holds a valid California Resale Number and in includes a completed copy of a California Resale Certificate with bid (copy attached).

Bids will be considered on ALL or ANY PART of the equipment.

The County of Fresno does not guarantee the condition of any material offered for sale and no item or items purchased is subject to return or refund.

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The Purchasing Agent reserves the right to reject any or all bids and to waive any informality in a bid.

ISSUING AGENT: This RFQ has been issued by the County of Fresno Purchasing. Purchasing shall be the vendor’s sole point of contact with regard to the RFQ, its content, and all issues concerning it.

AUTHORIZED CONTACT: All communication regarding this RFQ shall be directed to an authorized representative of the County’s Purchasing Unit. The specific buyer managing this RFQ is identified on the cover page, along with his or her telephone number, and he or she should be the primary point of contact for discussions or information pertaining to the RFQ. Contact with any other County representative, including elected officials, for the purpose of discussing this RFQ, its content, or any other issue concerning it, is prohibited unless authorized by Purchasing. Violation of this clause, by the vendor having unauthorized contact (verbally or in writing) with such other County representatives, may constitute grounds for rejection by Purchasing of the vendor’s quotation.

The above stated restriction on vendor contact with County representatives shall apply until the County has awarded a purchase order or contract to a vendor or vendors, except as follows. First, in the event that a vendor initiates a formal protest against the RFQ, such vendor may contact the appropriate individual, or individuals who are managing that protest as outlined in the County’s established protest procedures. All such contact must be in accordance with the sequence set forth under the protest procedures. Second, in the event a public hearing is scheduled before the Board of Supervisors to hear testimony prior to its approval of a purchase order or contract, any vendor may address the Board.

DISCLAIMER OF WARRANTIES AND LIABILITY: Bidders must read, understand, complete and return with their bid, the attached Disclaimer of Warranties and Liability.

All bids must be submitted on the accompanying County form.

Buyer shall save and hold harmless the County of Fresno, its officers, and employees from liability for any damages arising out of the performance of this agreement. Buyer shall maintain a policy of general and automobile liability in the amount not less than $100,000.00 per person and $300,000.00 per accident during the terms of this agreement. In addition, Buyer shall maintain a policy of Workers Compensation Insurance coverage as required by Section 3200 et seq. of the California Labor Code. Buyer shall provide a certificate of coverage as evidence of the existence of said insurance coverage.

SAFEGUARDS: The Buyer shall provide, in conformity with all local codes and ordinances and as may be required, such temporary fences, guardrails, barricades, lights, danger signs, enclosures, etc., and shall maintain such safeguards until all work is completed.

DAMAGE TO EXISTING WORK: Damage to existing construction, equipment, planting, etc., by the Buyer in the performance of his work shall be replaced or repaired and restored to original condition by the successful bidder.

CLEAN-UP: The Buyer shall at all times, keep the premises clean from accumulation of waste materials or rubbish caused by his employees or work and shall remove all resulting work debris from the job site.

For information regarding the bidding process, contact Shannon W. Kirby at County of Fresno Purchasing, phone (559) 456-7110 between 8:00 a.m. to 12:00 p.m. or 1:00 p.m. to 5:00 p.m. Monday through Friday.

IMPORTANT: Submit bid in a sealed envelope with sale number and closing date marked on the outside of the envelope. Minimum bid is $20,000.00.

DESCRIPTION: The Mailsystem was purchased new in 2001, is maintained under a maintenance service agreement with Bell and Howell and has the following attributes and features:

6 station Turnover Model with Cabinet

438 Cut Sheet Feeder.MB Folder

Matching and OMR Reading

Open Feed Station

Bulk Envelope

60” Conveyor Delivery

Single Non MDS Meter Stand

Jet Vision Module (Gold Series) Camera System with Extra Camera

Envelopes inserted: 5, 234,345

CALIFORNIA RESALE CERTIFICATE

NAME OF PURCHASER

ADDRESS OF PURCHASER

CITY, STATE & ZIP CODE

I HEREBY CERTIFY: That I hold valid Seller's Permit Number issued pursuant to the Sales and Use Tax Law; that I am engaged in the business of selling that tangible personal property described herein which I shall purchase from: will be resold by me in the form of tangible personal property; provided, however, that in the event of any such property is used for any purpose other than retention, demonstration or display while holding it for sale in the regular course of business, it is understood that I am required by the Sale and Use Tax Law to report and pay tax, measured by the purchase price of such property or other authorized amount. Description of property to be purchased:

Date (SIGNATURE OF PURCHASER OR AUTHORIZED AGENT)

(TITLE)

DISCLAIMER OF WARRANTIES AND LIABILITY

Buyer acknowledges and agrees that the items being offered under this County of Fresno sale by the County of Fresno at 4525 E. Hamilton Ave., Fresno, CA 93702. Buyer has inspected the equipment and Seller has disclosed to Buyer all known defects or faults of this equipment made known to Buyer by Seller to any person to whom Buyer conveys use or possession of this equipment. This equipment is sold subject to NO WARRANTY from Seller to Buyer, nor to any of Buyer's employees, agents, or transferees, and Buyer purchases this equipment in its present condition, as is, with all faults, obvious and latent, as may be discovered at the time of this sale or subsequently. Seller disclaims all liability for damages or injuries caused by this equipment while this equipment is in Buyer's use and possession or after Buyer has conveyed it to subsequent purchasers, lessors or users. Buyer agrees to indemnify and hold harmless Seller for any liability, demands or claims arising because of injuries or damages caused by this equipment, and Buyer agrees to include a provision in any future agreement conveying this equipment which states, “Buyer (or Lessee, Licensee, etc., as appropriate)” agrees to indemnify and hold harmless the County of Fresno for any liability, demands or claims arising because of injuries or damages caused by the equipment which is the subject of this agreement.

NAME OF BUYER: Print Company Name and/or Authorized Signature

AUTHORIZED BUYER: Signature

COUNTY OF FRESNO: Purchasing Manager Purchase Offer

BH 1000 VIP Mailsystem (AS IS and WHERE IS) currently located at 1631 G Street, Fresno, CA 93706 Fresno County Quotation Number 998-4400 Purchase Offers must be submitted on this form as instructed on the attached Notice of Sale. Due by March 16, 2007 at 2:00 p.m. Fax offers due by March 16, 2007 at 2:00 p.m.

Company

Street Address/P.O. Box

City State Zip Code

Telephone Fax Number E-Mail Address

Bid Amount: $

Bidder to Complete W-9 attached.

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