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Home My WebLink AboutP-25-208 Proforce Law Enforcement.pdf 1-0 County of Fresno GENERAL SERVICES DEPARTMENT Facilities• Fleet• Purchasing •Security O� 1$5 O ORES PROCUREMENT AGREEMENT Agreement Number P-25-208 May 27, 2025 Proforce Law Enforcement 2625 Stearman Drive, Ste. A Prescott, AZ 86301 The County of Fresno (County) hereby contracts with Proforce Law Enforcement(Contractor)to provide Fresno County Sheriff's Department issued duty weapons, replacement parts, and duty equipment and supplies in accordance with the text of this agreement, Attachment"A", by this reference made a part hereof. TERM: This Agreement shall become effective June 1, 2025, and shall remain in effect through May 31, 2028. EXTENSION: This Agreement may be extended for two (2) additional one (1)year periods by the mutual written consent of all parties. MINIMUM ORDERS: Unless stated otherwise there shall be no minimum order quantity. The County reserves the right to increase or decrease orders or quantities. CONTRACTOR'S SERVICES: Contractor shall perform the services as described in Attachment"A" attached, at the rates set forth in Attachment"A". ORDERS: Orders will be placed on an as-needed basis by the Fresno County Sheriff's Department under this contract. PRICES: Prices shall be firm for the contract period. MAXIMUM: In no event shall services performed and/or fees paid under this Agreement be in excess of three hundred seventy-five thousand dollars ($375,000.00). ADDITIONAL ITEMS: The County reserves the right to negotiate additional items to this Agreement as deemed necessary. Such additions shall be made in writing and signed by both parties. DELIVERY: The F.O.B. Point shall be the destination within the County of Fresno. All orders shall be delivered complete as specified. All orders placed before Agreement expiration shall be honored under the terms and conditions of this Agreement. DEFAULT: In case of default by Contractor, the County may procure the articles/services from another source and may recover the loss occasioned thereby from any unpaid balance due the Contractor or by any other legal means available to the County. The prices paid by County shall be considered the prevailing market price at the time such purchase is made. Inspection of deliveries or offers for delivery, which do not meet specifications, will be at the expense of Contractor. Purchasing Services/333 W Pontiac Way/Clovis, California 93612 /(559) 600-7110 *The County of Fresno is an Equal Employment Opportunity Employer* PROCUREMENT AGREEMENT NUMBER: P-25-208 Page 2 Proforce Law Enforcement May 27, 2025 INVOICING: An itemized invoice shall be sent to requesting County department in accordance with invoicing instructions included in each order referencing this Agreement. The Agreement number must appear on all shipping documents and invoices. Invoice terms shall be Net 45 Days. INVOICE TERMS: Net forty-five (45) days from the receipt of invoice. TERMINATION: The County reserves the right to terminate this Agreement upon thirty (30)days written notice to the Contractor. In the event of such termination, the Contractor shall be paid for satisfactory services or supplies provided to the date of termination. LAWS AND REGULATIONS: The Contractor shall comply with all laws, rules and regulations whether they be Federal, State or municipal, which may be applicable to Contractor's business, equipment and personnel engaged in service covered by this Agreement. AUDITS AND RETENTION: Terms and conditions set forth in the agreement associated with the purchased goods are incorporated herein by reference. In addition, the Contractor shall maintain in good and legible condition all books, documents, papers, data files and other records related to its performance under this contract. Such records shall be complete and available to Fresno County, the State of California, the federal government or their duly authorized representatives for the purpose of audit, examination, or copying during the term of the contract and for a period of at least three years following the County's final payment under the contract or until conclusion of any pending matter(e.g., litigation or audit), whichever is later. Such records must be retained in the manner described above until all pending matters are closed. LIABILITY: The Contractor agrees to: Pay all claims for damage to property in any manner arising from Contractor's operations under this Agreement. Indemnify, save and hold harmless, and at County's request defend the County, its officers, agents and employees from any and all claims for damage or other liability, including costs, expenses (including attorney's fees and costs), causes of action, claims or judgments resulting out of or in any way connected with Contractor's performance or failure to perform by Contractor, its agents, officers or employees under this Agreement, and from any and all costs and expenses (including attorney's fees and costs), damages, liabilities, claims, and losses occurring or resulting to any person, firm or corporation who may be injured or damaged by the performance, or failure to perform, of Contractor, its officers, agents, or employees under this Agreement. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect, the following insurance policies or a program of self-insurance, including but not limited to, an insurance pooling arrangement or Joint Powers Agreement(JPA)throughout the term of the Agreement: A. Commercial General Liability: Commercial general liability insurance with limits of not less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis. Coverage must include products, completed operations, property damage, bodily injury, personal injury, and advertising injury. The Contractor shall obtain an endorsement to this policy naming the County of Fresno, its officers, agents, employees, and volunteers, individually and collectively, as additional insureds, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insureds will apply as primary insurance and any other insurance, or self-insurance, maintained by the County is excess only and not contributing with insurance provided under the Contractor's policy. B. Automobile Liability: Automobile liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages. Coverage must include any auto used in connection with this Agreement. C. Professional Liability: Professional liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million Dollars ($3,000,000). If this is a claims-made policy, then (1)the retroactive date must be prior to the date on which services began P-25-208 Proforce Law Enforcement.docx PROCUREMENT AGREEMENT NUMBER: P-25-208 Page 3 Proforce Law Enforcement May 27, 2025 under this Agreement; (2)the Contractor shall maintain the policy and provide to the County annual evidence of insurance for not less than five years after completion of services under this Agreement; and (3) if the policy is canceled or not renewed, and not replaced with another claims-made policy with a retroactive date prior to the date on which services begin under this Agreement, then the Contractor shall purchase extended reporting coverage on its claims-made policy for a minimum of five years after completion of services under this Agreement. D. Worker's Compensation: Workers compensation insurance as required by the laws of the State of California with statutory limits. Additional Requirements Relatinq to Insurance: Contractor shall obtain endorsements to the Commercial General Liability insurance naming the County of Fresno, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees shall be excess only and not contributing with insurance provided under Contractor's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to County. Contractor hereby waives its right to recover from County, its officers, agents, and employees any amounts paid by the policy of worker's compensation insurance required by this Agreement. Contractor is solely responsible to obtain any endorsement to such policy that may be necessary to accomplish such waiver of subrogation, but Contractor's waiver of subrogation under this paragraph is effective whether or not Contractor obtains such an endorsement. Within Thirty(30)days from the date Contractor signs and executes this Agreement, Contractor shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the County of Fresno, Sheriff's Administrative Building, 2200 Fresno Street, Fresno, CA 93721 stating that such insurance coverage have been obtained and are in full force; that the County of Fresno, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the County of Fresno, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this Agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by County, its officers, agents and employees, shall be excess only and not contributing with insurance provided under Contractor's policies herein; and that this insurance shall not be cancelled or changed without a minimum of thirty (30)days advance, written notice given to County. Certificates of Insurance are to include the contract number at the top of the first page. In the event Contractor fails to keep in effect at all times insurance coverage as herein provided, the County may, in addition to other remedies it may have, suspend or terminate this Agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. COMING ON COUNTY PROPERTY TO DO WORK: Contractor agrees to provide maintain and furnish proof of Comprehensive General Liability Insurance with limits of not less than $500,000 per occurrence. INDEPENDENT CONTRACTOR: In performance of the work, duties and obligations assumed by Contractor under this Agreement, it is mutually understood and agreed that Contractor, including any and all of Contractor's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee,joint venturer, partner, or associate of the County. Furthermore, County shall have no right to control or supervise or direct the manner or method by which Contractor shall perform its work and function. However, County shall retain the right to administer this Agreement so as to verify that Contractor is performing its obligations in accordance with the terms and conditions thereof. Contractor and County shall comply with all applicable P-25-208 Proforce Law Enforcement.docx PROCUREMENT AGREEMENT NUMBER: P-25-208 Page 4 Proforce Law Enforcement May 27, 2025 provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. Because of its status as an independent contractor, Contractor shall have absolutely no right to employment rights and benefits available to County employees. Contractor shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, Contractor shall be solely responsible and save County harmless from all matters relating to payment of Contractor's employees, including compliance with Social Security, withholding, and all other regulations governing such matters. It is acknowledged that during the term of this Agreement, Contractor may be providing services to others unrelated to the County or to this Agreement. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. AMENDMENTS: This Agreement constitutes the entire Agreement between the Contractor and the County with respect to the subject matter hereof and supersedes all previous negotiations, proposals, commitments, writings, advertisements, publications, Request for Proposals, Bids and understandings of any nature whatsoever unless expressly included in this Agreement. This Agreement supersedes any and all terms set forth in Contractor's invoice. This Agreement may be amended only by written addendum signed by both parties. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this Agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1)the text of this Agreement(excluding Attachment"A"); (2)Attachment"A". GOVERNING LAWS: This Agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. ELECTRONIC SIGNATURES: The parties agree that this Agreement may be executed by electronic signature as provided in this section. A. An "electronic signature" means any symbol or process intended by an individual signing this Agreement to represent their signature, including but not limited to (1) a digital signature; (2)a faxed version of an original handwritten signature; or(3)an electronically scanned and transmitted (for example by PDF document) of a handwritten signature. B. Each electronic signature affixed or attached to this Agreement(1) is deemed equivalent to a valid original handwritten signature of the person signing this Agreement for all purposes, including but not limited to evidentiary proof in any administrative or judicial proceeding, and (2) has the same force and effect as the valid original handwritten signature of that person. C. The provisions of this section satisfy the requirements of Civil Code section 1633.5, subdivision (b), in the Uniform Electronic Transaction Act (Civil Code, Division 3, Part 2, Title 2.5, beginning with section 1633.1). D. Each party using a digital signature represents that it has undertaken and satisfied the requirements of Government Code section 16.5, subdivision (a), paragraphs (1)through (5), and agrees that each other party may rely upon that representation. This Agreement is not conditioned upon the parties conducting the transactions under it by electronic means and either party may sign this Agreement with an original handwritten signature. Please acknowledge your acceptance by returning all pages of this Agreement to my office via email or USPS. Please refer any inquiries in this matter to Chanvathei Lonh, Purchasing Analyst, at(559) 600-7110 or CLONH@fresnocountyca.gov. P-25-208 Proforce Law Enforcement.docx PROCUREMENT AGREEMENT NUMBER: P-25-208 Page 5 Proforce Law Enforcement May 27, 2025 FOR THE COUNTY OF FRESNO signedRiley Blckur Riley Blackburn Datle:tally 2025.06257y10:43:47a0T00n Riley Blackburn Purchasing Manager 333 W. Pontiac Way Clovis, CA 93612 P-25-208 Proforce Law Enforcement.docx PROCUREMENT AGREEMENT NUMBER: P-25-208 Page 6 Proforce Law Enforcement May 27,2025 CONTRACTOR TO COMPLETE: Company: Proforce Law Enforcement Type of Entity: ❑ Individuai ❑ Limited Liability Company ❑ Sole Proprietorship ❑ Limited Liability Partnership a Corporation ❑ General Partnership 2625 Stearman Rd, Ste A, Prescott,AZ 86301 Address City State Zip 928-776-7192 928-776-7192 sales@proforceonline.com TELEPHONE NUMBER FAX NUMBER E-MAIL ADDRESS Print Name& Title: Hilda Gschwenq,Vice President Print Name &Title: Hilda Gschweng,Assistant Secretary Signature: Signature: ACCOUNTING USE ONLY ORG No.: 31112414 Account No.: 7385 Requisition No.: 3111259106 (7/2024) P-25-208 Proforce Law Enforcement.docx PROCUREMENT AGREEMENT NUMBER: P-25-208 Attachment Page 1 of 2 Proforce Law Enforcement A TTACHMENT "A " LAW ENFORCEMENT Item# Description %off MSRP AIM 200170 AIM T-2 MICRO RED DOT OPTIC 20% BLG FSG19G5 BLG BLUE GUN GLK 19GEN5 45% BLG FSM4 BLG BLUE GUN M4 OPEN STOCK 30% BLG FS870 BLG BLUE TRAINING 870 30% BLG FSG17G5 BLG GLK 17/22/31 G5 25% BLG FSSWMP452.0-4.6 BLG S&W M&P 2.0 4.6"45 17% C&H SWMP-RSH-975 C&H S&W CORE 2 V4 MIL/LEO ADPT 29% LEU 120372 LEU GR 12-4OX60MM SPOT SCP HD 20% MPI MAG508BLK MPI FORWARD SLNG MNT BLK 29% MPI MAG515BLK MPI MS3 SLING QD GEN 2 BLK 24% MPI MAG514BLK MPI MS3(GEN 2)SLING BLACK 24% MPI MAG557BLK MPI PMAG 30RD GEN M3 BLK 20% PEP 191-01-1001 PEP BLAST INERT REFILL IPACK 30% PEP 191-01-1002 PEP BLAST LIVE-X REFILL 1PACK 26% PEP 100-01-0579 PEP INERT POW PRJ 3000CT 29% RAL R24401 REM LE 870P 12/20IC PK RS SYN 30% S&W 19469 S&W M&P 45ACP 10 ROUND 49% S&W 19440 S&W MAG MP 9MM 17RD 49% S&W 3014411 S&W MAG MP SHD+9MM 13RD 33% S&W 13614 S&W MP2 OR 9MM NS 4.25" 17RD 26% SFL 1219671-TP14 SBA EXPND BATON/LGT PCH SINGLE 36% SFL 1345301 SBA SAC PD FO CARRIER DN6816 COLOR 42% TAN 12200 SFL 1219671-TP21 SBA RADIO PCH UNIV 42% SFL 1219671-TPIOB SBA TPIOB SIDEARM MAG POUCH 42% SFL 1219671-TP13 SBA TPI3 MK3/MK4 AEROSOL POUCH 42% SFL 1219671-TP17A SBA TPI7 HANDCUFF POUCH DOUBLE 42% SFL 573-419-761 SFL 573 OP TOP MAG/HCUFF POUCH 42% SFL 6305-5192-132 SFL 6305 ALS/SLS TAC HLST LH 36% SFL 6305-5192-551 SFL 6305 ALS/SLS TAC HLST RH 36% SFL 6305RD-2222-131 SFL 6305RDS HLST STX BLK RH 37% SFL 6305RD-2192-132 SFL 6305RDS HLST STX TAC BLK L 37% SFL 6305RD-2222-551 SFL 6305RDS HLST STX TAC FDE R 37% SFL 6360-5192-132 SFL 6360 ALS LVL III STX BLK L 37% SFL 6360-5192-131 SFL 6360 ALS LVL III STX BLK R 37% Prescott,Arizona Brea,California Corporate Office&Support Center Law Enforcement/Fire&Military Store 2625 Stearman Road,Suite A. • Prescott,AZ 86301 655 Berry Street,Suite H • Brea,CA 92821 Phone(928)776-7192 • Fax(928)445-3468 Phone(714)257-9095 • Fax(714)257-9076 P-25-208 Proforce Law Enforcement.docx PROCUREMENT AGREEMENT NUMBER: P-25-208 Attachment Page 2 of 2 Proforce Law Enforcement LAW ENFORCEMENT Item# Description %off MSRP SFL 6360RD-2222-482 SFL 6360 L-III DTY HLST STX BW 36% SFL 6360RD-2192-132 SFL 6360 LIII DTY HLST STX TAC 36% SFL 6360RD-2192-132 SFL 6360 LIII DTY HLST STX TAC 36% SFL 6360RD-2222-131 SFL 6360 L-III HLST STX TAC 36% SFL 6360RD-2222-132 SFL 6360 L-III HLST STX TAC 36% SFL 6378-519-762 SFL 6378 HLST STX TAC COY LH 42% SFL 6378-519-761 SFL 6378 HLST STX TAC COY RH 42% SFL 6378RD-2252-131 SFL 6378RD HLST STX BLK RH MP2 42% SFL 6378RD-2222-552 SFL 6378RDS MP2.0 9 CORE LH 42% SFL 6378RD-2222-551 SFL 6378RDS MP2.0 9 CORE RH 42% SFL 7378-4192-411 SFL 7378 HLST SAFSEV BLK RH 42% SFL 75-76-48 SFL 75 DBL MAG PCH W/O FLAP BW 42% SIG SOK6K106 KIL06K HDX LRF BINOCULAR, 1OX42MM, 7% RED OLED,BL SLI 69264 SLI TLR-1 HL TACGUN MNT 80OLM 52% SLI 69260 SLI TLR-1 HL TACGUN MNT BLK 52% SLI 69601 SLI RACKER 870 52% SUR M640U-BK-PRO SCOUT LIGHT,SWIVEL,6V, 1000 LUMENS 25% TRJ RM06-C-700672 TRJ RMR TYPE 2 SIGHT 3.25 MOA 35% Pricing subject to change if mutually agreed upon by Proforce and Fresno County. Prescott,Arizona Brea,California Corporate Office&Support Center Law Enforcement/Fire&Military Store 2625 Stearman Road,Suite A. • Prescott,AZ 86301 655 Berry Street,Suite H • Brea,CA 92821 Phone(928)776-7192 • Fax(928)445-3468 Phone(714)257-9095 • Fax(714)257-9076 P-25-208 Proforce Law Enforcement.docx