SR - AGR-6715 - EQUIPMENT AND INSTALLATION OF VIDEO SURVEILLANCE SYSTEMS oF.��
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`��►°�" December 11, 2018
TO: Honorable Mayor and Members of the City Council
THRU: Rick Otto, City Manager
FROM: Will Kolbow, Administrative Services Director ��
REVIEW: City Manag Finance i�
1. SUBJECT
Agreement with Convergint Technologies for equipment and installation of video
surveillance systems.
2. SUMMARY
The City is in the midst of a multi-phased effort to install video surveillance systems at
City facilities. The first phase involved installation of cameras at the Metrolink Orange
Transportation Center, which included the purchase of enterprise software to manage the
system. The video surveillance system installation at the Transportation Center was
awarded by competitive bid to Convergint Technologies. The second phase, also
procured from Convergint Technologies, installed new cameras at the Police Department,
Orange Public Library & History Center, EI Modena and Taft libraries, Hart Park, and the
Sports Center at Grijalva Park. This phase will install new cameras at City Hall, the
Community Services building, Fire Headquarters, and Shaffer Park. Because of the
previous award, staff is recommending an Installation and Service Agreement with
Convergint Technologies for the equipment and installation of the current phase of the
video surveillance system project and three years of warranty and preventative
maintenance for the equipment in the amount of$176,034.
3. RECOMMENDED ACTION
1. Approve the agreement with Convergint Technologies in the amount of $176,034
and authorize the Mayor and City Clerk to execute the agreement on behalf of the City.
2. Authorize the appropriation of$60,000 from Park Acquisition Infill (510) unreserved
fund balance to account number 510.7021.56020.30042.
3. Authorize the appropriation of $90,000 from Information Technology (790)
unreserved fund balance to account number 790.1601.56033.20348.
ITEM 3 • � 1 12/11/2018
4. FISCAL IMPACT
The total expenditure for this agreement is $176,034 and will be funded through:
Civic Center Surveillance (20348) Information Technology (790) $104,166
Shaffer Park Renovation (30042) Pack Acquisition Infill (510) 38,450
The first year of maintenance in the amount of$5,442 will be funded through Information
Technology Operating Fund (780).
Future warranty, licensing and maintenance costs of$27,976 will be requested as part of
the corresponding years' budget processes.
5. STRATEGIC PLAN GOALS
Goal 1: Provide for a safe community
b: Provide and maintain infrastructure to ensure the safety of the public.
6. DISCUSSION AND BACKGROUND
In August 2015, the City Council approved an agreement, following a competitive bidding
process, with Convergint Technologies for the purchase and installation of a video
surveillance system (VSS) at the Metrolink Orange Transportation Center. The VSS
included cameras and other surveillance equipment for the train platform, parking lot, and
pedestrian undercrossing, and will also include equipment for the now under-construction
Metrolink Parking Structure. In addition, the VSS also included hardware, storage, and
enterprise software by Genetec to operate the system. The Genetec software and related
hardware can be leveraged to expand our security system to include additional cameras,
access control, and other security equipment and features.
In September 2017, the City Council approved an agreement with Convergint to install
VSS equipment at the Police Department, Orange Public Library & History Center, EI
Modena and Taft libraries, Hart Park, and the Sports Center at Grijalva Park.
Subsequently, cameras and equipment were added to this scope to include Yorba Park,
the cul de sac on Struck Avenue near Mary's Kitchen, and the newly remodeled City
Council Chamber.
The next phase of the City's VSS implementation will install cameras at Shaffer Park and
the Civic Center, which includes City Hall, the Community Services building, and Fire
Headquarters; related hardware; and additional storage to support the expansion of the
system. Currently, none of these facilities has VSS equipment.
Shaffer Park
Shaffer Park is currently undergoing a major renovation, with the grand opening expected
in early 2019. As part of the renovation, the design-build contractor has installed the
necessary infrastructure to install VSS equipment at the park. This part of the project will
install eleven cameras and additional licenses and support for the installed infrastructure.
The total cost of procuring and installing the cameras and the additional licenses is
$30,098. Additional networking and other equipment at a cost of approximately $15,000
will be acquired outside of this agreement.
Civic Center
The Civic Center complex will have nineteen new cameras installed inside and outside of
City Hall, Community Services and Fire Headquarters and the required storage for these
cameras. IT staff has determined that management of the surveillance camera data traffic
ITEM 2 12/11/2018
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over dedicated fiber optic cable through the�fiber hub at the Corporation Yard traffic
management center with storage�at the Police datacenter was appropriate. This part of
the project also accommodates storage for the expansions at Shaffer Park, Yorba Park,
Struck Avenue, and the City Council Chamber. The cost of acquiring and installing the
cameras and the additional storage is $112,518. Of this cost, approximately$8,400 of will
be attributed to the Shaffer Park portion of the project for its share of storage. Additional
networking and cabling equipment at a cost of approximately $23,000 will be acquired
outside of this agreement.
Conclusion
The Civic Center surveillance project was identified as part of the Fiscal Year 2017-2018
(FY18) Capital Improvement Project. Subsequent to that approval, the needs for
surveillance at the Civic Center complex have increased, which increased the scope of
the original plan in the budget. As such, staff is requesting an additional appropriation of
$90,000 to cover the cost of this increase in scope.
For Shaffer Park, although surveillance was identified as a need as part of the renovation,
increased costs due to unforeseen circumstances caused the portion of the budget
dedicated to surveillance to be used for other needs. Staff is requesting an appropriation
of$60,000 for the cost of surveillance at Shaffer Park.
The summary of costs associated with this agreement are as follows:
Shaffer Park Civic Center TOTAL
FY 19
System Installation $ 30,098 $ 112,518 $ 142,616
Year 1 Maintenance 1,362 4,080 5,442
Total FY 19 31,460 116,598 148,058
FY 20 — Maintenance &Warranty 2,614 9,380 11,994
FY 21 — Maintenance &Warranty 3,382 12,600 15,982
TOTAL $ 37,456 $ 138 578 $ 176,034
CEQA Compliance
The project is categorically exempt from the provisions of the California Environmental
Quality Act (CEQA) per State CEQA Guidelines 15301 (Class 1 — Existing Facilities) and
15331 (Class 31 — Historical Resource Restoration/Rehabilitation). The installation of
security cameras involves minor interior and exterior alterations to the Orange Civic
Center, Fire Station Headquarters, and Community Services Building and does not
expand or change the uses existing at the properties at the time of this determination. In
addition, the project at the Orange Civic Center is in conformance with the Secretary of
the Interior's Standards for the Treatment of Historic Properties, as required by the Class
31 exemption. The installation of the security cameras as proposed involves minimal
change to the exterior of the Civic Center. The cameras are placed to limit their visibility
and to minimize impacts to the historic features of the building. The proposed changes
are reversible and have negligible impact on the historic materials of the Civic Center.
7. ATTACHMENT
• Installation and Serivice Agreement with Convergint Technologies LLC
ITEM 3 12/11/2018
INSTALLATION AND SERVICE AGREEMENT
[Surveillance Equipment]
THIS INSTALLATION AND SERVICE AGREEMENT(the"Agreement")is made at I�
Orange, California, on this day of ` , 2018 (herein referred to as the �
"Effective Date")by and between the CITY OF ORANGE, a municipal corporation("City"), and ,
CONVERGINT TECHNOLOGIES LLC, a Delaware limited liability company (the ;
"Consultant"), who agree as follows: '
1. Services. Subject to the terms and conditions set forth in this Agreement, '
Consultant shall provide to the reasonable satisfaction of City the services set forth in Exhibit"A",
which is attached hereto and incorporated herein by this reference. As a material inducement to
the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly '
investigated and considered the scope of services and fully understands the difficulties and '
restrictions in performing the work. Consultant represents that it is experienced in performing the �
work and will follow the highest professional standards in performance of the work. All services
provided shall conform to all federal, state and local laws, rules and regulations and to the best �
professional standards and practices. The terms and conditions set forth in this Agreement shall
control over any terms and conditions in Exhibit "A" to the contrary. ,
Will Kolbow, Administrative Services Director (herein referred to as the "City's Project ,
Manager"), shall be the person to whom the Consultant will report for the performance of services ,
hereunder. It is understood that Consultant's performance hereunder shall be under the direction ;
and supervision of the City's Project Manager (or his/her designee), that Consultant shall �
coordinate its services hereunder with the City's Project Manager to the extent required by the �
City's Project Manager, and that all performances required hereunder by Consultant shall be I'
performed to the satisfaction of the City's Project Manager and the City Manager.
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2. Comnensation and Fees. I
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a. Consultant's total compensation for all services performed under this '
Agreement, shall not exceed ONE HiJNDRED SEVENTY SIX THOUSAND THIRTY FOUR �
DOLLARS and 00/100 ($176,034.00)without the prior written authorization of the City.
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b. The above fee shall include all costs, including, but not limited to, all '�
clerical, administrative, overhead, insurance, reproduction, telephone, travel, auto rental,
subsistence and all related expenses.
3. Payment.
a. As scheduled services are completed, Consultant shall submit to City an
invoice for the services completed, authorized expenses and authorized extra work actually
performed or incurred.
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b. All such invoices shall state the basis for the amount invoiced, including
services completed, the number of hours spent and any extra work performed.
c. City will pay Consultant the amount invoiced within 35 days, but may
withhold 10% of any invoice until all work is completed, which sum shall be paid within 35 days
of completion of the work and receipt of all deliverables.
d. Payment shall constitute payment in full for all services, authorized costs
and authorized extra work covered by that invoice.
4. Change Orders. No payment for extra services caused by a change in the scope
or complexity of work, or for any other reason, shall be inade unless and until such extra services
and a price therefor have been previously authorized in writing and approved by the City Manager
or his designee as an amendment to this Agreement. The amendment shall set forth the changes
of work, extension of time for preparation and adjustment of the fee to be paid by City to
Consultant.
5. Licenses. Consultant represents that it and any subcontractors it may engage,
possess any and all licenses which are required under state or federal law to perform the work
contemplated by this Agreement and that Consultant and its subcontractors shall maintain all
appropriate licenses, including a City of Orange business license, at its cost, during the
performance of this Agreement.
6. Independent Contractor. At all times during the term of this Agreement,
Consultant shall be an independent contractor and not an employee of City. City shall have the
right to control Consultant only insofar as the result of Consultant's services rendered pursuant to
this Agreement. City shall not have the right to control the means by which Consultant
accomplishes services rendered pursuant to this Agreement. Consultant shall, at its sole cost and
expense, furnish all facilities, materials and equipment which may be required for furnishing
services pursuant to this Agreement. Consultant shall be solely responsible for, and shall
indemnify, defend and save City harmless from all matters relating to the payment of its
subcontractors, agents and employees,including compliance with social security,withholding and
all other wages, salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
Consultant acknowledges that Consultant and any subcontractors, agents or employees employed
by Consultant shall not, under any circumstances, be considered employees of the City, and that
they shall not be entitled to any of the benefits or rights afforded employees of the City, including,
but not limited to, sick leave, vacation leave, holiday pay, Public Employees Retirement System
benefits, or health, life, dental, long-term disability or workers' coinpensation insurance benefits.
7. Consultant Not A�ent. Except as City may specify in writing, Consultant shall
have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an
agent. Consultant shall have no authority, express or implied, to bind City to any obligation
whatsoever.
8. Designated Persons. Except as otherwise authorized by the City's Project
Manager,only the employees of Contractor shall perform work provided for under this Agreement.
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It is understood by the parties that clerical and other nonprofessional work may be performed by
persons other than those designated.
9. Assi�nment or Subcontractin�. No assignment or subcontracting by Consultant
of any part of this Agreement or of funds to be received under this Agreement shall be of any force
or effect unless the assignment has had the prior written approval of City. City may terminate this
Agreement rather than accept any proposed assignment or subcontracting. Such assignment or
subcontracting may be approved by the City Manager or his designee.
10. Time of Completion. Consultant agrees to commence the work provided for in
this Agreement within ten (10) days of the date herein above stated and to diligently prosecute
completion of the work in accordance with the time period set forth in Exhibit "A" hereto or
otherwise agreed to by and`between the representatives of the parties.
11. Time Is of the Essence. Time is of the essence in this Agreement. Consultant
shall do all things necessary and incidental to the prosecution of Consultant's work.
12. Reserved.
13. Delays and Extensions of Time. Consultant's sole remedy for delays outside its
control, other than those delays that are caused by the City, shall be an extension of time. No
matter what the cause of the delay, Consultant must document any delay and request an extension
of time in writing at the time of the delay to the satisfaction of City. Any extensions granted shall
be limited to the length of the delay outside Consultant's control. If Consultant believes that delays
caused by the City will cause it to incur additional costs, it must specify, in writing,why the delay
has caused additional costs to be incurred and the exact amount of such cost at the time the delay
occurs. No additional costs can be paid that exceed the not to exceed amount absent a written
amendment to this Agreement.
14. Products of Consultant. The documents, studies, reports, plans, citations,
materials, manuals and other products produced or provided by Consultant for this Agreement
shall become the property of City upon receipt. Consultant shall deliver all such products to City
prior to payment for same. City may use, reuse or otherwise utilize such products without
restriction.
15. Equal Employment Opqortunity. During the performance of this Agreement,
Consultant agrees as follows:
a. Consultant shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin or mental or physical disability.
Consultant shall ensure that applicants are employed and that employees are treated during
employment,without regard to their race,color,religion,sex,national origin,or mental or physical
disability. Such actions shall include,but not be limited to the following: employment,upgrading,
demotion or transfer, recruitment or recruitment advertising, layoff or termination,rates of pay or
other forms of compensation and selection for training, including apprenticeship. Consultant
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agrees to post.in conspicuous places, available to employees and applicants for employment, a
notice setting forth provisions of this non-discrimination clause.
b. Consultant shall, in all solicitations and advertisements for employees
placed by, or on behalf of Consultant, state that all qualified applicants will receive consideration
for employment without regard for race, color,religion, sex,national origin, or mental or physical
disability.
c. Consultant shall cause the foregoing paragraphs (a)and(b)to be inserted in
all subcontracts for any work covered by this Agreement, provided that the foregoing provisions
shall not apply to subcontracts for standard commercial supplies or raw materials.
16. Conflicts of Interest. Consultant agrees that it shall not make, participate in the
making, or in any way attempt to use its position as a consultant to influence any decision of City
in which Consultant knows or has reason to know that Consultant, its officers, partners, or
employees have a financial interest as defined in Section 87103 of the Government Code.
17. Indemnitv.
a. To the fullest extent permitted by law, Consultant agrees to indemnify,
defend and hold the City, its City Council and each member thereof, and the officers, employees
and representatives of the City (herein referred to collectively as the "Indemnitees") entirely
harmless from all liability arising out of:
(1) Any and all claims under worker's coinpensation acts and other employee
benefit acts with respect to Consultant's employees or Consultant's contractor's
employees arising out of Consultant's work under this Agreement; and
(2) Any claim, loss,injury to or death of persons or damage to property caused
by any act, neglect, default, or omission other than a professional act or omission
of the Consultant,or person,firm or corporation employed by the Consultant,either
directly or by independent contract, including all damages due to loss or theft
sustained by any person, firm or corporation including the Indemnitees, or any of
them, arising out of, or in any way connected with the work or services which are
the subject of this Agreement, including injury or damage either on or off City's
property; but not for any loss, injury, death or damage caused by the active
negligence or willful misconduct of City. The Consultant, at Consultant's own
expense, cost and risk, shall indemnify any and all claims, actions, suits or other
proceedings that may be brought or instituted against the Indemnitees on any such
claim or liability covered by this subparagraph, and shall pay or satisfy any
judgment that may be rendered against the Indemnitees, or any of them, in any
action, suit or other proceedings as a result of coverage under this subparagraph.
b. To the fullest extent permitted by law, Consultant agrees to indemnify and
hold Indemnitees entirely harmless from all liability arising out of any claim, loss, injury to or
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death of persons or damage to property caused by the negligent professional act or omission in the
performance of professional services pursuant to this Agreement.
c. Except for the Indemnitees, the indemnifications provided in this
Agreement shall not be construed to extend any third party indemnification rights of any kind to
any person or entity which is not a signatory to this Agreement. �
d. The indemnitees set forth in this section shall survive any closing,
rescission,or termination of this Agreement, and shall continue to be binding and in full force and
effect in perpetuity with respect to Consultant and his successors.
18. Insurance.
a. Consultant shall carry workers compensation insurance as required by law
for the protection of its employees during the progress of the work. Consultant understands that it
is an independent contractor and not entitled to any worker's compensation benefits under any City
program.
b. Consultant shall maintain during the life of this Agreement, comprehensive
general liability insurance or commercial general liability insurance written on an occurrence basis
providing for a combined single limit of$1 million for bodily injury, death and property damage.
c. Consultant shall maintain during the life of this Agreement, automotive
liability insurance on a comprehensive form written on an occurrence basis covering all owned,
non-owned and hired automobiles providing for a combined single limit of$1 million for bodily
injury, death and property damage.
d. Each policy of general liability and automotive liability shall provide that
City, its officers, agents, and employees are declared to be additional insureds under the terms of
the policy, but only with respect to the work performed by Consultant under this Agreement. A
policy endorsement to that effect shall be provided to the City along with the certificate of
insurance, which endorsement shall be on Insurance Services Office, Inc. Form CG 20 10 10 O1.
In lieu of an endorsement, the City will accept a copy of the policy(ies) which evidences that the
City is an additional insured as a contracting party.
e. Consultant shall maintain during the life of this Agreement professional
liability insurance covering errors and omissions arising out of the performance of this Agreement
with a combined single limit of$1,000,000. Consultant agrees to keep such policy in force and
effect for at least five years from the date of coinpletion of this Agreement.
f. The insurance policies maintained by Consultant shall be primary insurance
and no insurance held or owned by City shall be called upon to cover any loss under the policy.
Consultant will determine its own needs in procurement of insurance to cover liabilities other than
as stated above.
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g. Before Consultant performs any work or prepares or delivers any materials,
Consultant shall furnish certificates of insurance and endorseinents, as required by City,
evidencing the aforementioned general liability, automotive and professional liability insurance
coverages on forms acceptable to City, which shall provide that the insurance in force will not be
canceled or allowed to lapse without at least ten(10)days prior written notice to City.
h. Except for professional liability insurance coverage that may be required by
this Agreement, all insurance maintained by Consultant shall be issued by companies admitted to
conduct the pertinent line of insurance business in the State of California and having a rating of
Grade A or better and Class VII or better by the latest edition of Best's Key Rating Guide. In the
case of professional liability insurance coverage, such coverage shall be issued by companies
either licensed or admitted to conduct business in the State of California so long as such insurer
possesses the aforementioned Best's rating.
i. Consultant shall immediately notify the City if any required insurance
lapses or is otherwise modified and cease performance of this Agreement unless otherwise directed
by the City. In such a case, the City may procure insurance or self insure the risk and charge
Consultant for such costs and any and all damages resulting therefrom,by way of set-off from any
sums owed Consultant.
j. Consultant agrees that in the event of loss due to any of the perils for which
it has agreed to provide insurance, Consultant shall look solely to its insurance for recovery.
Consultant hereby grants to the City, on behalf of any insurer providing insurance to either the
Consultant or to the City with respect to the services of Consultant herein, a waiver of any right to
subrogation which any such insurer of said Consultant may acquire against the City by virtue of
the payment of any loss under such insurance.
k. Consultant shall include all subcontractors, if any, as insureds under its
policies or shall furnish separate certificates and endorsements for each subcontractor to the City
for review and approval. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
19. Termination. The City may for any reason terminate this Agreement by giving
the Consultant not less than five (5) days written notice of intent to terminate. Upon receipt of
such notice,the Consultant shall immediately cease work,unless the notice from the City provides
otherwise. Upon the termination of this Agreement, the City shall pay Consultant for services
satisfactorily provided and all allowable reimbursements incurred to the date of termination in
compliance with this Agreement,unless termination by the City shall be for cause, in which event
the City may withhold any disputed compensation. The City shall not be liable for any claim of
lost profits.
20. Maintenance and Inspection of Records. In accordance with generally accepted
accounting principles, Consultant and its subcontractors shall maintain reasonably full and
complete books, documents, papers, accounting records, and other information (collectively, the
"records")pertaining to the costs of and completion of services performed under this Agreement.
The City and any of their authorized representatives shall have access to and the right to audit and
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reproduce any of Consultant's records regarding the services provided under this Agreement.
Consultant shall maintain all such records for a period of at least three (3) years after termination
or completion of this Agreement. Consultant agrees to inake available all such records for
inspection or audit at its offices during normal business hours and upon three(3) days notice from
the City, and copies thereof shall be furnished if requested.
21. Compliance with all Laws/Immigration Laws.
a. Consultant shall be knowledgeable of and comply with all local, state and
federal laws which may apply to the performance of this Agreement.
b. Consultant represents and warrants that Consultant:
(1) Has complied and shall at all times during the term of this Agreement
comply, in all respects, with all immigration laws, regulations, statutes, rules,
codes, and orders, including, without limitation, the Iinmigration Reform and
Control Act of 1986 (IRCA); and
(2) Has not and will not knowingly employ any individual to perform services
under this Agreement who is ineligible to work in the United States or under the
terms of this Agreement; and
(3) Has properly maintained, and shall at all times during the term of this
Agreement properly maintain, all related employment documentation records
including, without limitation, the completion and maintenance of the Form I-9 for
each of Contractor's employees; and
(4) Has responded, and shall at all times during the term of this Agreement
respond, in a timely fashion to any government inspection requests relating to
immigration law compliance and/or Form I-9 compliance and/or worksite
enforcement by the Department of Homeland Security, the Department of Labor,
or the Social Security Administration.
c. Consultant shall require all subcontractors or sub-consultants to make the
same representations and warranties as set forth in Section b.
d. Consultant shall, upon request of the City, provide a list of all employees
working under this Agreement and shall provide, to the reasonable satisfaction of the City,
verification that all such employees are eligible to work in the United States. All costs associated
with such verification shall be borne by the Consultant. Once such request has been made,
Consultant may not change employees working under this Agreement without written notice to
the City, accompanied by the verification required herein for such employees.
e. Consultant shall require all subcontractors or sub-consultants to make the
same verification as set forth in Section d.
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f. Any Consultant, subcontractor or sub-consultant who knowingly employs
an employee providing work under this Agreement who is not authorized to work in the United
States, and/or fails to follow federal laws to determine the status of such employee shall constitute
a material breach of this Agreement and may be cause for immediate termination of this Agreement
by the City.
g. The Consultant agrees to indemnify and hold the City, its officials, and
employees harmless for, of and from any loss, including but not limited to fines, penalties and
corrective measures,the City may sustain by reason of the Consultant's failure to comply with said
laws,rules and regulations in connection with the performance of this Agreement.
22. Governing Law. This Agreement shall be construed in accordance with and
governed by the laws of the State of California and Consultant agrees to submit to the jurisdiction
of California courts.
23. Integration. This Agreement constitutes the entire agreement of the parties. No
other agreement,oral or written,pertaining to the work to be performed under this Agreement shall
be of any force or effect unless it is in writing and signed by both parties. Any work performed
which is inconsistent with or in violation of the provisions of this Agreement shall not be
compensated.
24. Notice. Except as otherwise provided herein, all notices required under this
Agreement shall be in writing and delivered personally or by first class mail, postage prepaid, to
each party at the address listed below. Either party may change the notice address by notifying
the other party in writing. Notices may be sent by either e-mail or U.S. Mail. Notices shall be
deemed received upon receipt of same or within 3 days of deposit in the U.S. Mail, whichever is
earlier. Notices sent by e-mail shall be deemed received on the date of the e-mail transmission.
"CONSULTANT" "CITY"
Convergint Technologies LLC City of Orange
1667 N. Batavia Street 300 E. Chapman Avenue
Orange, CA 92867 Orange, CA 92866-1591
Attn.: Brian Sweet, General Manager Attn.: Will Kolbow,Admin. Srvs. Director
Telephone No.: 714-546-2780 Telephone No.: 714-744-2235
E-Mail: Brian.Sweet@convergint.com E-Mail: wkolbow@cityoforange.org
25. Counterparts. This Agreement may be executed in one or more counterparts,each
of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. Signatures transmitted via facsimile and electronic mail shall have the same effect as
original signatures.
[Signatures on next pageJ
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IN WITNESS of this Agreement, the parties have entered into this Agreement as of the
year and day first above written.
"CONSULTANT" "CITY"
CONVERGINT TECHNOLOGIES LLC, CITY OF ORANGE, a municipal corporation
A Delaware limited liability company
*By: By:
Printed Name: Mark A. Murphy
Title: Mayor of the City of Orange
*By: ATTEST:
Printed Name:
Title:
Pamela Coleman, City Clerk
APPROVED AS TO FORM:
Wayne W. Winthers, City Attorney
*NOTE: The City requires the following signatuYe(s) on behalf of the Consultant:
-- (1) the Chairman of the Board, the President or a Vice President, AND (2) the
Secretary, the Chief Financial OfficeN, the Treasurer, an Assistant Secretary or
an Assistant Ti^easurer. If only one corporate officer exists o� one corpoYate
officeY holds more than one coYpoNate office,please so indicate. OR
-- The corpoNate officer named in a corporate resolution as authoYized to enter into
this Agreement. A copy of the corporate resolution, ceYtified by the Secretary
close in time to the execution of the Agreement, must be provided to the Ciry.
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EXHIBIT "A"
SCOPE OF SERVICES
[Beneath this sheet.]
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CO �� 1667 N. Batavia, Orange,California 92677
Phone Mobile(949)940-6428
T E G,• l E S Fabian.Escalante@convergint.com
Making a Daily Difference
November 8, 2018
City of Orange Quotation: FE00153680P
300 E. Chapman License: C10#986407
Orange, California 92866
Attention: Mike Dering
Reference: Civic Center CCTV Project-v3
On behalf of our thousands of global colleagues, I want to personally thank you for considering
Convergint Technologies for this project and for providing us with the opportunity to present this
proposal addressing your electronic security needs. We are confident that this proven solution is both
comprehensive and customized to meet your needs today and in the years ahead.
Convergint has developed a strong reputation for service excellence and is the only company recognized
twice as the Systems Integrator of the Year by SDM Magazine. Most recently, Convergint was ranked
the 2"d largest global systems integrator. This recognition is, in part, a reflection of the strong
relationships Convergint has developed with the industry's top technology manufacturers. Convergint
Technologies has a strong history of success with similar solutions provided to other clients and would
be happy to provide these references upon request.
Our guiding principle has always been to be a customer-focused and service-based company, supported
by dedicated and certified professionals who strive to make a daily difference. Our vision of becoming
our customers' best service provider is what drives everything we do. After achieving a successful on-
time and on-budget project installation, Convergint will provide you with the industry's best on-going
service. This service includes our 24/7 customer portal (iCare), designed to track service work orders,
project progress, and provide you with detailed metric reporting for continuous improvement.
The following security proposal is specifically designed to meet your needs. As your single point of contact,
please feel free to contact me with any additional questions you may have.Thank you again for considering
Convergint Technologies as your partner for your electronic security needs.
. _ .., . _ .. , . __ _.
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.: UNITED.S7'ATES•CANADA•_ASIA.PACIFIC� EUROPE-- `� - . - _ ` --. - . _:�
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Scope of Work
Convergint Technologies' scope of work includes furnishing, installing, programming and
commissioning the material listed in the attached bill of materials (BOM) as outlined below and with
regards to the data listed in the clarifications and exclusions section of this proposal. Proposal complies
to prevailing wage requirements.
The scope of work will include the installation new high definition IP cameras throughout the Civic
Center campus. Convergint will provide installation staff, project specialists, and project management
to oversee successful implementation.
Convergint will install, aim & focus all cameras, install new server and storage to support the new
cameras, and will commission the entire system.
More specifically, Convergint's scope will include the following:
• City Clerk/Admin Building - Provide and install 3 indoor 2MP cameras and 1 outdoor 2MP
camera as illustrated below. Connect all cameras to City provided POE network switch. Cabling,
cable termination, and cable certification to be provided by others.
• Public Works Building - Provide and install 2 indoor 2MP cameras and 1 outdoor 8MP multi-
sensor camera as illustrated below. Connect all cameras to City provided POE network switch.
Cabling, cable termination, and cable certification to be provided by others.
• Finance Building - Provide and install 1 indoor 2MP camera, 1 outdoor 2MP camera, and 1
outdoor 8MP multi-sensor camera as illustrated below. Connect all cameras to City provided
POE network switch. Cabling, cable termination, and cable certification to be provided by
others.
• Community Services Building - Provide and install 2 indoor 2MP cameras and 2 outdoor 2MP
cameras as illustrated below. Connect all cameras to City provided POE network switch.
Cabling, cable termination, and cable certification to be provided by others.
• Fire Headquarters Building-Provide and install 1 indoor 2MP cameras,2 outdoor 2MP cameras,
1 outdoor 8MP multi-sensor camera, and 1 outdoor 5MP multi-sensor 180 degree camera as
illustrated below. Connect all cameras to City provided POE network switch. Cabling, cable
termination, and cable certification to be provided by others.
• PD Data Center - Install one additional Dell server to support new cameras and integrate into
existing Genetec server environment. Provide and install DDN storage enclosure expansion
with 160TB of storage. Provide and install Brocade fabric switch. lJse existing electrical
provided by City.
• Provide and install the Genetec client viewer on up to 4 City workstations.
• Provide one 2-hour training sessions on the use of the system.
• Genetec licensing is included together with 3 years of software maintenance agreement from
Genetec, prorated to synch with existing SMA term, entitling City to new software downloads
from Genetec.
� -: : - - - ,
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• Provide sufficient storage to also accommodate video from Shaffer Park (estimated at 10
cameras), Yorba Park, Struck Avenue, Council Chambers, and City Manager camera.
Note: the storage system array is an expansion to the existing DDN storage array at the Police
Department and will be provisioned with a new expansion shelf and 160TB of raw storage. This same
shelf is expandable to 640TB of raw storage by simply adding additional drives. Storage has been
calculated based on recording at 8 frames per second with 40% motion recording and retained for 366
days. Storage requirements will vary based on recording parameters (frames per second, motion
settings, motion activity, resolution, and retention period). See below for storage calculations.
Camera Total Motion Bandwidth Storage
Location Type 4� Sensors Percent FPS Days Mbps TB
Civic Center 2MP 12 18 40% 8 365 42.3 33.4
-City Hall Campus&Council Chambers
Civic Center 5MP 1 1 40% 8 365 5.57 4.4
-City Manager's Oiatside Door
Community Services Building 2MP 4 4 40% 8 365 9.41 7.42
Fire Department-Grand St 2MP 4 7 40% 8 365 16.5 13
5MP 1 3 40% 8 365 16.7 13.2
Yorba Park 2MP 1 1 40% 8 365 2.35 1.85
5MP 3 3 40% 8 365 16.7 13.2
Struck Ave 2MP 2 5 40% 8 365 11.8 9.27
Shaffer Park 2MP 10 10 40% 8 365 23.5 18.5
144.83 114.24
Warrantv
Convergint will provide a one-year labor warranty and a one-year material warranty on equipment
provided by Convergint. Provision of labor and materials after the first year will be billed on a time and
materials basis.
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va ry.
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Bill of Materials
Line ' Qty , Parf Description ,Unit Price Extended
. ' Price
1 Civic Center Cameras
Day/night fixed dome with support for WDR—Forensic
Capture, Lightfinder and OptimizedlR with built-in IR
illumination.Discreet,dust and IK08 vandal-resistant
indoor casing.Varifocal 3-10.5 mm P-Iris lens,remote
focus and zoom. Multiple, individually configurable
AXIS P3225-LV H.264 and Motion JPEG streams. HDN 1080p at 30 fps
2 6.00 MKII 0954-001 v✓ith WDR,and up to 60 fps with WDR disabled.Axis' $ 532.26 $ 3,193.56
Zipstream technology for reduced bandwidth and
storage needs.Video motion detection and active
tampering alarm.Memory card slot for optional local
video storage. Power over Ethernet. Midspan not
included. Includes mounting bracket for wall/ceiling or
junction boxes.
3 2.00 P3717-PLE 8 MP multidirectional camera with IR for 360°coverage $ 1,207.04 $ 2,414.08
Day/night fixed dome with support for WDR—Forensic
Capture, Lightfinder and OptimizedlR with built-in IR
illumination. IK10 vandal-resistant outdoor casing.
Varifocal 3-10.5 mm P-Iris lens,remote focus and zoom.
Multiple,individually configurable H.264 and Motion
AXIS P3225-LVE �PEG streams. HDN 1080p at 30 fps with WDR,and up
4 2.00 MKII 0955-001 to 60 fps with WDR disabled.Axis'Zipstream technology $ 643.16 $ 1,286.32
for reduced bandwidth and storage needs.Video motion
detection and active tampering alarm. Memory card slot
for optional local video storage.Power over Ethernet.
Midspan not included. Includes mounting bracket for
wall/ceiling or junction boxes and weather shield against
sun,rain or snow.
5 Community Center Cameras
Day/night fixed dome with support for WDR—Forensic
Capture,Lightfinder and OptimizedlR with built-in IR
illumination. Discreet,dust and IK08 vandal-resistant
indoor casing.Varifocal 3-10.5 mm P-Iris lens,remote
focus and zoom. Multiple,individually configurable
AXIS P3225-LV H.264 and Motion JPEG streams. HDN 1080p at 30 fps
6 2.00 MKII 0954-001 W�th WDR,and up to 60 fps with WDR disabled.Axis' $ 532.26 $ 1,064.52
Zipstream technology for reduced bandwidth and
storage needs.Video motion detection and active
tampering alarm.Memory card slot for optional local
video storage. Power over Ethernet. Midspan not
included.Includes mounting bracket for wall/ceiling or
junction boxes.
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-'Line QtY Part � Description ` Unit'Price
. Price
Day/night fixed dome with support for WDR—Forensic
Capture,Lightfinder and OptimizedlR with built-in IR
illumination.IK10 vandal-resistant outdoor casing.
Varifocal 3-10.5 mm P-Iris lens,remote focus and zoom.
Multiple,individually configurable H.264 and Motion
AXIS P3225-LVE �PEG streams. HDN 1080p at 30 fps with WDR,and up
7 2.00 MKII 0955-001 to 60 fps with WDR disabled.Axis'Zipstream technology $ 643.16 $ 1,286.32
for reduced bandwidth and storage needs.Video motion
detection and active tampering alarm. Memory card slot
for optional local video storage.Power over Ethernet.
' Midspan not included. Includes mounting bracket for
wall/ceiling or junction boxes and weather shield against
sun, rain or snow.
8 Fire HQ Cameras
Day/night fixed dome with support for WDR—Forensic
Capture,Lightfinder and OptimizedlR with built-in IR
illumination. Discreet,dust and IK08 vandal-resistant
indoor casing,Varifocal 3-10.5 mm P-Iris lens,remote
focus and zoom. Multiple,individually configurable
AXIS P3225-LV H.264 and Motion JPEG streams. HDN 1080p at 30 fps
9 1.00 MKII 0954-001 With WDR,and up to 60 fps with WDR disabled.Axis' $ 532.26 $ 532.26
Zipstream technology for reduced bandwidth and
storage needs.Video motion detection and active
tampering alarm. Memory card slot for optional local
video storage. Power over Ethernet. Midspan not
included. Includes mounting bracket for wall/ceiling or
junction boxes.
Day/night fixed dome with support for WDR—Forensic
Capture, Lightfinder and OptimizedlR with built-in IR
illumination. IK10 vandal-resistant outdoor casing.
Varifocal 3-10.5 mm P-Iris lens,remote focus and zoom.
Multiple,individually configurable H.264 and Motion
AXIS P3225-LVE �PEG streams. HDN 1080p at 30 fps with WDR,and up
10 2.00 MKII 0955-001 to 60 fps with WDR disabled.Axis'Zipstream technology $ 643.16 $ 1,286.32
for reduced bandwidth and storage needs.Video motion
detection and active tampering alarm. Memory card slot
for optional local video storage.Power over Ethernet.
Midspan not included.Includes mounting bracket for
wall/ceiling or junction boxes and weather shield against
sun,rain or snow.
11 1.00 P3717-PLE 8 MP multidirectional camera with IR for 360°coverage $ 1,207.04 $ 1,207.04
AXIS Q3708-PVE is a fixed dome network camera with
three sensors. It gives you a 180°panoramic overview of
12 1.00 AXIS Q3708-PVE large areas using a single camera.And it's perfect for use $ 1,792.63 $ 1,792.63
in challenging light conditions, both during the day and
at night.
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- Line � Qty ' � Part �. - De`scription , ' � Unit Price • ;
Price
Chromated and powder coated aluminum wall mount
AXIS T91D61 With 1.5" NPS thread for fixed dome pendant kits.Cable
13 1.00 WALL MOUNT routing from behind or through 3/4"conduit hole on the $ 81.41 $ 81.41
side. Includes mounting plate,pipe seal and conduit hole
cover.Color:White
Wall-and-Pole Mount for Axis PTZ and multi-sensor
cameras.Built-in Ethernet cable with an IP66 RJ45
AXIS T91L61 connector for quick installation with protection against
14 1.00 WALL-AND-POLE dust and water.Connect PoE via either RJ45 or IDC $ 95.70 $ 95.70
MOUNT (insulation-displacement contact)connectors.Suitable
for both indoor and outdoor environments.Separate
stainless steel straps required for pole installation.
15 Licenses&Storage
16 1.00 722810011 R730 Server,iDRAC Enterprise,2 300G6 Drives $ 9,581.69 $ 9,581.69
17 19.00 GSC-Om-E-1C 1 camera connection $ 225.69 $ 4,288.11
18 19.00 ADV-CAM-E-3Y GenetecT"^Advantage for 1 Omnicast Enterprise Camera $ 108.33 $ 2,058.27
-3 years
19 4.00 GSC-1U 1 Genetec Security Desk client connection(incl.Web $ Z70.83 $ 1,083.32
Client)
SS8460 84-slot 6Gb/s SAS/SATA HDD/SSD enclosure.
20 1.00 SS8K-SBOD Includes 2x I/O modules,redundant power supplies, $ g,708.33 $ 8,708.33
power cables,rail kit for rack mounting and cable
management arms.
21 4.00 3M L-HMSMS- 6Gb/s HD mSAS to mSAS cable,3m $ 76.39 $ 305.56
22 4.00 3�L-HMSHMS- 6Gb/s HD mSAS to HD mSAS cable,3m $ 66.67 $ 266.68
23 1.00 SFA-7K7-OS20 SFA7700/SFA7700X/GS7K SFA OS license for each set of $ 312.50 $ 312.50
up to 20 drives.
24 20.00 H08C0800234N 8TB 7,200 RPM 12Gb/s SAS 4Kn drive module for $ 615.57 $ 12,311.40
SS2 SS8460/8462/8412 enclosure.
Entry Parts Only Support;Customer Self-Maintenance;
storage systems,storage servers,disk drives and
25 1.00 SUP-ENPO-1 accessories;7x8 remote support; no onsite labor; $ 1,370.84 $ 1,370.84
customer replace CRU and FRU;parts shipped NBD; SW
support separate;annual.
26 1.00 HS300-24P8G Brocade 360 24-Port 8Gbps Fibre-Channel Switch.1 $ 11,305.41 $ 11,305.41
power supply,includes 24 SFPs,WT and Zoning Software
Parts and
27 3.00 Fittings Miscellaneous Parts and Fittings $ 555.56 $ 1,666.68
EqUipment TOtal $ 67,498.95
Total L'ab"or/Other Costs $ 35,696.19
Freight/Warranty $ 4,091.69
Tax if Appiicable $ s,231.1�
Total Project Price S ssz,sl8.00
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Clarifications and Exclusion
1. All work proposed herein, shall be performed during normal business hours Monday through
Friday 8:00 am - 5:00 pm.
2. Low voltage wiring shall be installed via open air code approved methods.
3. Permits or associated fees are not included.
4. Customer to provide static IP addresses and POE network switch ports at all IDF's.
5. Cabling, cable termination, and cable certification to be provided by others.
6. Removal of hazardous materials not included.
7. Proposal does not include asbestos abatement if required.
8. Pricing assumes that electronic Auto CAD files are available from customer for our use in creating
submittal drawings.
9. Twenty-Five percent (25%) of the proposed sell price shall be payable to Convergint
Technologies for project mobilization. Mobilization shall be invoiced and due upon customer
acceptance of this proposal.
10. Anything in the Contract Documents notwithstanding, in no event shall either Contractor or
Subcontractor be liable for special, indirect, incidental or consequential damages, including
commercial loss, loss of use, or lost profits, even if either party has been advised of the
possibility of such damages.
11. Convergint Technologies reserves the right to negotiate mutually acceptable contract terms and
conditions with customer by making mutually agreeable changes to the formal contract included
in the Bid Documents.
• " _ . . •.: r. . Page . . , __ y _._
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Performance Items
Items Included
Applicable Taxes � Freight(prepaid) ��� ��� �
Installation of CCN Cameras Installation of Network Cabling to IP Cameras
Installation of Video Recorders (DVR/NVR) Lifts
Loading Software on Customer Provided Computer Material (listed in the BOM)
Mounting/Termination of Proposed Devices One-Year Warranty on Labor
One-Year Warranty on Parts Operations& Maintenance Manuals
Owner to Provide Static IP Addresses Owner Training
Project Management Record Documentation (As-Built)
Servers by Convergint System is Design-Build
System Programming Testing of all Proposed Devices
Workstations by Others
Items Excluded
120 VAC Power and Fused Disconnect Switch � 120 VAC Power Receptacles �
Additional Lighting Requirements for Cameras Attend General Contractor Project Meetings
Attend Owner Project Meetings Authority having Jurisdiction permit drawing(requires
customer CAD)
Cable Ceiling Tiles and Ceiling Grid Repairs
Connection to Building Fire Alarm Panel Correction of Wiring Faults Caused by Others
Door wiring typical connections Electrical Installation Permit
Electrified Door Locking Hardware Engineering and Drawings
Equipment rack layout drawing FA Permit and Plan Review Fees
Fire Stopping(Excludes Existing Penetrations) Fire Watch
Floor Coverings for Lifts Floor plan with device placement and numbering
(requires customer CAD)
Horizontal Core Drilling Installation of Bridle Rings
Installation of Conduit, Boxes and Fittings Installation of Control Equipment Enclosures
Installation of Control Panels Installation of Intercom Systems
Installation of Intrusion Panels Installation of Low Voltage Wire
Installation of Network Cabling to Card Readers Installation of Network Cabling to IP Intercoms
Installation ofSpecialty Backboxes Installation ofTerminal Cabinets
Installation of Wire and Cable Installation of Wire Hangars
Low Voltage Permits On-Site Lockable Storage Facility
Panel Wall Elevation drawing(may require customer Panel wiring point with to point connections
CAD)
Patch and Paint Payment& Performance Bonds
Riser drawing with home run wiring Servers by Others
Specialty Backboxes Submittal Drawings
System Engineering System Meets Plans/Drawings
Terminal Cabinets Termination of Control Equipment Enclosures
Vertical Core Drilling Wire
Workstations by Convergint
_. - . Rage 13 of 16 - . - . .. .; - . __. .�.
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Total Project Investment: $ 112,518.00
3-Year Customer Support Program (CSP):
3 Year Preventive Maintenance:
The Preventative Maintenance program will consist of bi-annual site visits to perform
visual inspection and cleaning of all camera lenses/housing to the City Center's 24
cameras. In addition,the Preventative Maintenance will include an IT Specialist to be
on-site for 16 hours per year to perform a health check of the system including the $12,596.00
video servers,video storage, and video management as well as firmware and software
updates based on the above number of cameras.
3 Year Extended Comprehensive Warranty:
The Comprehensive Warranty program allows our customers to manage their financial
risk associated with emergency service and repair labor including Emergency Service
Calls,System Troubleshooting& Diagnostics, and Component Repair Labor. The labor
coverage will be provided during normal business hours(Monday—Friday 8:00 AM to
5:00 PM). A Priority On-Site Response option is available which would include after-
hours service. The Comprehensive Warranty program also allows our customers to $13,464.00
manage their financial risk associated with the replacement of failed system
component included in this proposal with similar technology available at the time of
such replacement. Technology upgrades or system enhancements are not included as
part of this coverage option.
3 Year Total: $26,060.00
Year 1 Year 2 Year 3
CSP Program Cost: $4,080.00 $9,380.00 $12,600.00
__. , _ __ _r _
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Thank you for considering Convergint Technologies for your Security needs. If you have any questions
or would like additional information, please don't hesitate to contact me immediately. If you would like
to proceed with the scope of work as outlined in this proposal, please sign below and return to my
attention.
Sincerely,
Fabian Escalante
Convergint Technologies
By signing below, I accept this proposal and agree to the Terms and Conditions contained herein
Mike Dering November 8, 2018
Customer Name (Printed) Date
Authorized Signature . Title
._. . _ .., o
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ConvergintTechnologies'Install Terms&Conditions Version 1.09 April 2017
Tlvoughout this Installation Proposal,the temi,"Comergint"refers to the Comergint Technologies' but not be limited to:accident,fire,storm,water,flooding,negligence,vandalism,power failure,
affiliate operating in tUe state/province in wl�ich the work is being perfomied,specifically,"Convergint installation of incoropatible equipment,improper operating procedures,source cucrent fluctuafions or
Technologies LLC"or"Convergint Technologies LTD". ligh[ing.Ifperfomiance by either party is delayed due to Force Majeure,the time for that perFormance
SECTION 1.THE WORK shal]be extendcd for a period of time reasonably necessary to overcome the effect of the delay. Any
This Installarion Proposa] takes preccdence over and supersedes any and all prior proposals, Serviccs requircd by Convergint due to reasons set forth in this Force Majeure Section shall be chazged
corsespondence,and oral agreemenu or representations relating to the work set foRh in the attached to Glistomer in addition ro any amounts due under this Agreement.
scope of work("Work").This Installation Proposal commences on(he StaR Date as specified in the
attached scope of work,and represents the entire agccment belween Convergint and Customer(the SECTION 7.INSURANCE
"AgreemenY')and it may only be aznended by a written document signed by both Convergint and Convergint shall have tlie following insurance coverage during the tenn of this A�eement,and
Customer.In the event any provision of this Agreement is held to be invalid or w�enforceable,the shall provide certificates of insurance to the Cusromer prior to begimiing work hereunder:
remaining provisions of this Agreement shall remain in full force. Worker's Compensation Statutory Limits
Convergint agrccs in acwrdance with the mutually ageed project schedule: Employer's Liabiliry $1,000,000 per occucrence/aggregate
a. To submi[shop dcawings,product data,samples and similar submittals if required in Commercial General Liability $1,OOQ000 per occturence/a�rega[e
perfocming lhe Work; $2,000,000 general aggregate
b. To pay for all labor,materials,equipment,tools,supervision,programming,testing,stactup Automobile Liability $1,000,000 per occurrence/aggregate
and documentation required to perfonn tlie Work in accordance with the Agreement; Excess/Umbrella Liability $4,000,000 per occurrencelaggregate
c. Secure and pay for pem�its and govenmiental fees,licenses and inspections necessary for All insurance policies camed by Convergint hereunder shall be primary to and noncontributory with
proper exewHon and compleHon of the Work;and the insurance afforded to Customer,and shall name the Clistomer as"additional insured",with respect
d Hire subcontractors and order material to perforni part of the Work,if necessary,whilc to liabiliry arising out of work perfonued by Comergiut,as applicable,but only to the extent of
remaining responsible for the completion of the Work. liabilities falling within the indemnity obligations of Convergint,pursuant to the tem�s of this
Agreement. Convergint shall provide to the Customer no less than thiRy(30)days noHce prior to the
Cl�stomer agees in accordance with the mutually agreed project schedule,and at no cost to termination or cancellation of any such insurance policy.
Canvergint:
a. To prompdy approve submittals provided by Convergint; SECTION 8.INDENINIF[CATION
b. To provide access to all azeas of the facility which are necessary to complete the Work; Convergint shall indemnify and hold Customer harniless from and against claims,damages,losses and
c. To supply suitable elechical service as required by Converginh,and expenses,(including,but not limired to,reasonable attomey's fees),amibutable to bodily injury,
d. That in the event of any emcrgency or systcros failure,rcasonable safety precautions will be sickncss,disease or death,or to destruction of tangible property,but only to the extent caused by:a)tlie
taken by(.hctomer to protect life and property during the period of time from when negligentorwillfulactsoromissionsofConvergintorConverginYsemployeesorsubcontractorswhile
Convergint is firsl notified of the emergency or failwe and until such time that Convergint on Ctistomer's site,or b)the malfunction of the equipment supplied by Convergink or c)Convergint's
notifies the Customer that the systems arc operational or that the emergency has cleared. breach of this Agrcement.
IN NO EVENT SHALL EITHER CONVERGINT OR CUSTOMER BE LIABLE TO THE OTHER
SECTION 2.PRICING PARTY HERETO FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
Pricing and amounts proposed shall remain valid for 30 days unless othenvise specified.Price includes DAMAGES,INCLUDING COMMERCIAL LOSS,LOSS OF USE OR LOST PROFITS,EVEN IF
only the material listed based on ConvcrginYs interpretation of plans and specifications unless noted THAT PARTY HAS BEEN ADVISED OF TTiE POSSIBILTY OF SUCH DAMAGES. IN NO
otherwise. Additiona] equipment, unless ncgotiated prior ro order placcment, will be billed EVENT WILL CONVERGINT BE LIABLE TO CUSTOMER FOR ANY AMOUNTS IN EXCESS
ac:cordingly. Sales taxes,(and in Canada GST/PS'I)and any other taxes assessed on Customer shall OF THE AMOUNTS PAID BY CUSTOMER TO CONVERGINT.
be added to lhe price upon invoice to Customec It is understood and agreed by the parties hcrero that Convergint is or may be providing
SECTION 3.INVOICE REMITTANCE AND PAYMENT monitoring and or intrusion products which are designed to provide notification of certain events
Cusromer agrees to pay Convergint hvenry-five(25%)percent of the total price as a mobilization fee but are not iulended to be guarantees or insurers against any acts for which they are supposed to
at the time of executing this Agreement. monitor or inform. As required by the monitoring and intrusion industry and the manufacturers
If the Work is pedonned over more than a month,Convergint will invoice Cusromer each month for thereof,ConverginYs indemnification obligation pursuant ro Section 8 Uerein,does not apply ro
the Work perfonned during the previous month.Customer agrees to pay the amount due to Convergint the extent the loss indemnified against is caused by any monitoring or intrusion product or
software provided by but uot manufactured by Convergint. Convergint shall have no liability to
as invoiced,within tliicry(30)days of the date of such invoice.If the Work is completed in less than Customer for any losses to the extent such losses aze caused by the monitoring or intrusion product
one month,Clutomer agrees to pay Convergint in full atter the Work has been perfonned within thirty or sofivare. Customer shall indemnify,defend,and hold hazmless Convergint,from and against
(30)days of the date of bcing invoiced.Invoices shall not include or be subjcct to a project retention aIl claims,lawsuits,damages,losses and expenses by persons not a party to this Agreement,but
percentage.If Customer is overdue in any payment to Convergint,Conve�rgint slial]be entitled to only to the extent caused by such monitoring or intrusion product or software provided by but not
suspend the Work until paid,and chazge Customer a�i interest rate I and 1@/pen;ent per month,(or �nanufactured by Convergint.
the maximum rate permitted by law),and may avail iuelf of any other legal or equitable remedy.
Customer shall rcimburse Convergint wsts inciured in collecting any amounts that become overdue, SECTION 9.COMPL[ANCE WITH LAW,EEO&SAFETY
including attomey fees,court costs and any other reasonable expenditure. '('h9s Agreement shall be govemed and construed in accordance with the laws of the state/province in
SECTION 4.WAItRANTY which the Work is being perfocmed.Convergint agrees to comply with all laws and regulations relating
Convergint provides the following wairanry ro the Customer: to or goveming the Work. Convergint agrees to comply with all reporting requirements imposed by
For tl�e period of one(1)year,cmmnencing at the earlier of substantial completion of the Work,or law or this Ageement. Convcrgint shall comply with all safety related laws and regulations and with
first beneficial use,("Warranty Period"): the safety program of the Cusromer,provided such prograzn is supplied to Convergint prior to
a. That Work perfomied under this Agreement will be of good quality; beginning work.
b. That all equipment will be new unless othenvise required or permitted by this In the event that Convergint discovers or suspects the presence of hazardous materials,or unsafe
Ageement; working conditions at Customer's faciliry where the Work is to be perfomicd,Convergiut is entitled to
c. That the Work will be free from defecis not inlierent in the qualiry required or pemiitted; stop the Work at that facility if such hazardous materials,or unsafe working wnditions were not
and
d. That the Work will confom�to d�e requiremenis of this Agreement. provided by or caused by Convergint.Convergint in its sole discretion shall detemune when it is"safe"
The Cusromei s sole remedy for any breach of this wacranry is that Convergint shall remove,replace to mtum to perform the Work at Customcr's faciliry.Convergint shall have no responsibility for the
and/or repa'v at its own expense any defective or improper Work,discovered within the Wananty discovery,presence,handling,removing or disposal of or exposure of persons to hazardous materials
Period,providcd Convergint is notified in writing of any defect within thc Warranry Period. ���any fomi at the Glutomer's facility.C�stomer shall indemnify and hold harmless Convergint from
and against claims,damages,losses and expenses,including but not limited to,reasonable attomey's
My equipment or products installed by Convergint in the course of perfo[ming the Work hereunder fces,arising out of or resulting from undisclosed hazardous materials,or unsafe working conditions at
shall only carry such wa[ranty as is provided by the manufacturer thereof,which Convergint hereby G�stomer's facility.
assigns to Cl�stomer without recourse to Convergint. Upon rcqucst of Cl�stomer,Convergint will use SECTION 10.DISPUTES
all reasonable efforts to assist Cl�stomer in enforcing any sucli third parry wazranties. This warranty In the event of any disputc between Comergint and Customer,Convergint and Customer shall ficst
excludes remedy for damage or defect caused by abuse,modifications not executed by Convergint, attempt to resolve die dispute in die field,but if tUat is not successful,then in a meeting between
improper or insufficient maintenance,improper operation,or normal wear and tear under nonnal usagc, authorized o�cers of eacti company.If settlement attempts are not successful,then the dispute shall be
NO FURTHER WARRANTIES OR GUARANTIES,EXPRESS OR IMPLIED,ARE MADE WITH
RESPECf TO ANY GOODS OR SERVICES PROVIDED iJNDER THIS AGREEMENT,AND subject to and decided by mediation or azbia�arion.Such mediation or azbivarion shall be conducted ic�
ANY IMPLIED WAItRANTIES OF MERCHANTABILIT'Y OR FIT'NESS FOR A PARTICULAR accordance with the Conshuction Industry Mediation or Arbitration Rules of the American Arbitration
PURPOSE AR�EXPRESSLY DISCLAIMED. Association cuaendy in effect and sliall be a final binding resolution of the issues presented between
the parties.
SECTION 5.CHANGES SECTION 11.MISCELLANEOUS
Without invalidating this Agceement or any bond given hereunder,Customer or Comergint may Neither party to this Agreement sliall assign tUis Agreement without tlie prior written consent of Il�e
request changes in the Work.My changes to the Work and any adjustment to the Agrcemcnt Price or other par[y hereto.Convergin[may assign[his Agreement to any of its parents,subsidiary or affiliated
the time for completion of the Work shall be in writing sig�ed by both Customer and Convergint. If companies or any entiry majority owned by Convergint.
Glistomer orders any additional work or causes any material interference with ConverginPs
perfoanance of the Work,Convergint shall be entitled to an equitable adjustment in the lime for Notices shall bc in writing and addresscd to the od�er party,in accordance with the names and addresses
perfoanance and in the Agreement Price,including a reasonablc allowancc for overhead and profit. of tlie paRies as shown above.All notices shafl be effective upon�eceipt by the party to whom the
notice was sent.
SECTION 6.FORCE MAJEURE A waiver oF the tcrms hereunder by one party ro the other party shall not be effective unless in writing
Neither Cusromer nor Convergint shall be responsiUle or liable for,shall incur expense for,or be y�d signed by a person witU authoriry to couunit tlie Customer or Convergint and delivered to the non-
decmed to be in breach of this Agreement because of any delay in the performance of their respective µ,aiving party according to Ihe notice provision herein.No�vaiver by Customer or Convergint shall
obligations pursuant to this Agreement due solely ro circumstances beyond their reasonable wntrol oPerate as a continuous waiver,unless the written waiver specifically states that it is a continuous
("Force Majeure")and without the fault or negligence of U�e party experiencing such delay,provided ,Naiver of the temis stated in that waiver.
that the party experiencing the delay shall promptly give writlen notification to the other party wilhin
five(5)days after such party has learned of the Force Majeure.A Foree Majcure event shall include, The Sections regarding invoicing,warranty and indemniry shall survive the tem�ination of this
Agreement.
Convergint Technologies'Install Terms&Conditions Version 1.09 April 2017
., - . . .
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CO �� 1667 N. Batavia, Orange, California 92677
� Phone Mobile(949) 940-6428
T E G,.� E S Fabian.Escalante@convergint.com
�
Making a Daily Difference
October 31, 2018
City of Orange Quotation: FE00151881P
230 E. Chapman License: C10#986407
Orange, California 92865
Attention: Dana Robertson
Reference: Shaffer Park Video-v2
On behalf of our thousands of global colleagues, I want to personally thank you for considering
Convergint Technologies for this project and for providing us with the opportunity to present this
proposal addressing your electronic security needs. We are confident that this proven solution is both
comprehensive and customized to meet your needs today and in the years ahead.
Convergint has developed a strong reputation for service excellence and is the only company recognized
twice as the Systems Integrator of the Year by SDM Magazine. Most recently, Convergint was ranked
the 2"d largest global systems integrator. This recognition is, in part, a reflection of the strong
relationships Convergint has developed with the industry's top technology manufacturers. Convergint
Technologies has a strong history of success with similar solutions provided to other clients and would
be happy to provide these references upon request.
Our guiding principal has always been to be a customer-focused and service-based company,supported
by dedicated and certified professionals who strive to make a daily difference. Our vision of becoming
our customers' best service provider is what drives everything we do. After achieving a successful on-
time and on-budget project installation, Convergint will provide you with the industry's best on-going
service. This service includes our 24/7 customer portal (iCare), designed to track service work orders,
project progress, and provide you with detailed metric reporting for continuous improvement.
The following security proposal is specifically designed to meet your needs. As your single point of contact,
please feel free to contact me with any additional questions you may have.Thank you again for considering
Convergint Technologies as your partner for your electronic security needs.
_.
� UNITED STATES•CANADA�,ASIA PACIFIC+ EUROPE ' . . " _"� - � , -� : - ��
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Scope of Work
Convergint Technologies' scope of work includes furnishing, installing, programming and
commissioning the material listed in the attached bill of materials (BOM) as outlined below and with
regards to the data listed in the clarifications and exclusions section of this proposal. Proposal complies
with Prevailing Wage requirements.
The scope of work will include the installation of a video surveillance system at Shafer Park. The project
will include the installation of 11 high definition IP cameras throughout the park including 4 exterior
cameras on the main building,4 exterior cameras on the concession building, 2 exterior cameras on the
utility building, and 1 PTZ cameras on the light pole in the baseball outfield. All cameras will be
networked back to City's Genetec server located at the Police Department. Convergint will provide
installation staff, project specialists, and project management to oversee full turn-key solution.
Convergint will install, aim &focus all cameras, and will commission the entire system. Convergint will
also provide two 2-hour training sessions on the use of the system and will install the video client on
four customer provided workstations. City to provide all conduit work, cabling, wall penetrations, POE
network switches and IP addresses. Genetec licensing is included together with a three-year software
maintenance agreement from Genetec entitling City to new software downloads from Genetec.
Warrantv
Conver.gint will provide a one-year labor warranty and a one-year material warranty on equipment
provided by Convergint. Provision of labor and materials after the first year will be billed on a time and
materials basis.
.
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Note: Diagram below is for illustrative purposes only. Final camera placement may vary.
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Bill of Materials
°Line Qty Part Description Manufacturer Unit Price Extended
_ Price -
1 Video Surveillance System
Day/night fixed dome with support for WDR—
Forensic Capture,Lightfinder and OptimizedlR
with built-in IR illumination.IK10 vandal-resistant
outdoor casing.Varifocal 3-10.5 mm P-Iris lens,
remote focus and zoom.Multiple,individually
configurable H.264 and Motion JPEG streams.
AXIS P3225-LVE HDN 1080p at 30 fps with WDR,and up to 60 fps
2 10.00 MKII 0955-001 With WDR disabled.Axis'Zipstream technology Axis $ 643.16 $ 6,431.60
for reduced bandwidth and storage needs.Video
motion detection and active tampering alarm.
Memory card slot for optional local video
storage.Power over Ethernet.Midspan not
included.Includes mounting bracket for
wall/ceiling orjunction boxes and weather shield
against sun,rain or snow.
Top of the line PTZ with IR,HDN 1080 and 30x
optical zoom,H264/265 with Zipstream and
Motion JPEG.IP66 for both indoor and outdoor
AXIS Q6125-LE use,WDR.Perfect image quality in all directions
3 1.00 60HZ 01234-004 Without distortion.WDR,EIS,Speed dry.Inciudes Axis $ 2,984.27 $ 2,984.27
Advanced gate keeper analytics.With its compact
size and repaintable surface,it will easily blend
into the surroundings.Midspan with fiber slot
and RJ45 input included.
Wall-and-Pole Mount for Axis PTZ and multi-
sensor cameras.Built-in Ethernet cable with an
AXIS T91L61 WALL- IP66 RJ45 connector for quick installation with
protection against dust and water.Connect PoE
4 1.00 AND-POLE MOUNT via either RJ45 or IDC(insulation-displacement Axis $ 95.70 $ 95.70
5801-721 contact)connectors.Suitable for both indoor and
outdoor environments.Separate stainless steel
straps required for pole installation.
5 11.00 GSC-Om-E-1C 1 camera connection Genetec $ 225.69 $ 2,482.59
6 11.00 ADV-CAM-E-3Y Genetec'""Advantage for 1 Omnicast Enterprise Genetec $ 108.33 $ 1,191.63
Camera—3 years
1 Genetec Security Desk client connection(incl.
7 4.00 GSC-1U Genetec $ 270.83 $ 1,083.32
Web Client)
8 2.00 Parts and Fittings Miscellaneous Parts and Fittings ADI $ 555.56 $ 1,111.12
Equipment Total $ 15,380.23
Total Labor/Other Costs S 12,621.11
Freight/Warranty ' $ 904.69
Tax if Applicable S 1,191.97
Tota1 Project Price $ 30,098.00
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Clarifications and Exclusion
1. All work proposed herein, shall be performed during normal business hours Monday through
Friday 8:00 am -5:00 pm.
2. Low voltage wiring shall be installed via open air code approved methods. City to provide conduit
and wall penetrations for exterior cameras. City to provide trenching and conduit to light pole in
baseball field.
3. Provision or installation of conduit, wire, boxes, fittings or other electrical installation and
materials are excluded unless specifically listed under Inclusions or Bill of Materials.
4. Permits or associated fees are not included.
5. Customer to provide static IP addresses and network switch ports at panel locations.
6. Pricing assumes that electronic Auto CAD files are available from customer for our use in creating
submittal drawings.
7. Twenty-Five percent (25%) of the proposed sell price shall be payable to Convergint Technologies
for project mobilization. Mobilization shall be invoiced and due upon customer acceptance of this
proposal.
8. Anything in the Contract Documents notwithstanding, in no event shall either Contractor or
Subcontractor be liable for special, indirect, incidental or consequential damages, including
commercial loss, loss of use, or lost profits, even if either party has been advised of the possibility
of such damages.
9. Convergint Technologies reserves the right to negotiate mutually acceptable contract terms and
conditions with customer by making mutually agreeable changes to the formal contract included
in the Bid Documents.
, . _ . Page 5 of 9 " � -.. _. ---� �
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Performance Items
Items Included
Applicable Taxes � � Freight(prepaid) ~
Installation of CCN Cameras Lifts
Loading Software on Customer Provided Computer Material (listed in the BOM)
Mounting/Termination of Proposed Devices One-Year Warranty on Labor
One-Year Warranty on Parts Operations& Maintenance Manuals
Owner to Provide Static IP Addresses Owner Training
Project Management Record Documentation (As-Built)
Servers by Others System Meets Plans/Drawings
System Programming Testing of all Proposed Devices
Workstations by Others
Items Excluded �
120 VAC Power and Fused Disconnect Switch � 120 VAC Power Receptacles �
Additional Lighting Requirements for Cameras Attend General Contractor Project Meetings
Attend Owner Project Meetings Authority having Jurisdiction permit drawing(requires
customer CAD)
Cable Ceiling Tiles and Ceiling Grid Repairs
Connection to Building Fire Alarm Panel Correction of Wiring Faults Caused by Others
Door wiring typical connections Electrical Installation Permit
Electrified Door Locking Hardware Engineering and Drawings
Equipment rack layout drawing FA Permit and Plan Review Fees
Fire Stopping(Excludes Existing Penetrations) Fire Watch
Floor Coverings for Lifts Floor plan with device placement and numbering
(requires customer CAD)
Horizontal Core Drilling Installation of Bridle Rings
Installation of Conduit, Boxes and Fittings Installation of Control Equipment Enclosures
Installation of Control Panels Installation of Intercom Systems
Installation of Intrusion Panels Installation of Low Voltage Wire
Installation of Network Cabling to Card Readers Installation of Network Cabling to IP Cameras
Installation of Network Cabling to IP Intercoms Installation of Specialty Backboxes
Installation of Terminal Cabinets Installation of Video Recorders (DVR/NVR)
Installation of Wire and Cable Installation of Wire Hangars
Low Voltage Permits On-Site Lockable Storage Facility
Owner to Provide DHCP Lease Reservations for Panel Wall Elevation drawing(may require customer
Network Connected Devices CAD)
Panel wiring point with to point connections Patch and Paint
Payment&Performance Bonds Riser drawing with home run wiring
Servers by Convergint Specialty Backboxes
Submittal Drawings System Engineering
System is Design-Build Terminal Cabinets
Termination of Control Equipment Enclosures Vertical Core Drilling
Wire Workstations by Convergint
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Total Project Investment: $30,098.00
Customer Support Program (CSP)
3 Year Preventive Maintenance:
The Preventative Maintenance program will consist of bi-annual site visits to perform visual
inspection and cleaning of all camera lenses/housing to the park's 11 cameras. In addition,
the Preventative Maintenance will include an IT Specialist to perform firmware and software $4,204.00
updates based on the above number of cameras.
3 Year Extended Comprehensive Warranty:
The Comprehensive Warranty program allows our customers to manage their financial risk
associated with emergency service and repair labor including Emergency Service Calls,
System Troubleshooting& Diagnostics, and Component Repair Labor. The labor coverage will
be provided during normal business hours(Monday—Friday 8:00 AM to 5:00 PMj. A Priority
On-Site Response option is available which would include after-hours service. The
Comprehensive Warranty program also allows our customers to manage their financial risk $3,154.00
associated with the replacement of failed system component included in this proposal with
similar technology available at the time of such replacement. Technology upgrades or system
enhancements are not included as part of this coverage option.
3 Year Total: $7,358.00
Year 1 Year 2 Year 3
CSP Program Cost: $1,362.00 $2,614.00 $3,382.00
� _ . . � Page 7_of 9 � - _ . .. �— __ ._
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Thank you for considering Convergint Technologies for your Security needs. If you have any questions
or would like additional information, please don't hesitate to contact me immediately. If you would like
to proceed with the scope of work as outlined in this proposal, please sign below and return to my
attention.
Sincerely,
Fabian Escalante
Convergint Technologies
By signing below, I accept this proposal and agree to the Terms and Conditions contained herein
Dana Robertson October 31, 2018
Customer Name (Printed) Date
Authorized Signature Title
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ConvergintTechnologies'Instail Terms&Conditions Version 1.09 April 2017
Throughout this Installation Proposal,thc term,"Convergint"refeis to the Convergint Technologies' but not be limited to:accident,fire,storcn,water,flooding,negligence,vandalism,power failure,
affiliate operating in tl�e state/province in wl�ich tl�e work is being perfomied,specifically,"Convergint installation oF incompatible equipment,improper operaring procedures,source cucrent fluctuations or
Technologies LLC"or"Convergint Technologies LTD". lighting.If pedomiance by either paRy is delayed due to Force Majeure,the time for that perfomiance
SEC7'ION 1.THE WORK shall be extended for a period of time reasonably necessary to overcome the effect of the delay. Any
This Installation Proposal takes preccdcnce over and supersedes any and all prior proposals, Services requircd by Convcrgint due to reasons set forth in this Force Majeure Section shall be chazged
correspondence,and oral agreements or representations relating to the work set fortli in the attached to C�stomer in addition to any amounts due under this Agreement.
scope of work("Work").17tis Installation Proposal commences on lhe StaA Date as specified in the
attached scope of work,and represents the entire agreement between Convergint and Customer(the SECI'ION Z INSURANCE
"AgeemenY')and it may only be amended by a written document signed by botU Convergint and Convergint shall have tlie following insurance coverage during the tenn of tliis Agreement,and
Gl�stomer.In the event any provision of this Agreement is held to be invalid or wienforceable,the shall provide certificates of insura�ice to the Cusromer prior to beginning work hereunder.
remaining provisions of this Agreement shall remain in full force. Worker's Compensation Statutory Limits
Convergint agrees in accordance with the mutually agreed project schrdule: Employer's Liability $1,000,000 per occurrence/aggregate
a. To submit shop drawings, product data,samples and similar submittals if required in Commerc;ial General Liabiliry $1,000,000 per occurrence/aggregate
perfocming lhe Work; $2,000,000 general aggregate
b. To pay for all labor,materials,equipment,tools,supervision,programming,testing,stamip Automobile Liability $I,000,000 per occursence/aggregate
and docmnentation required to perfonn the Work in accordance with tl�e Ageemenh, Excess/Umbrella Liability $4,000,000 per occurrence/aggregate
c. Secure and pay for permits a�id govenunental fees,licenses and inspections necessary for All insurance policies carried by Convergint hereunder shall be primary to and nonwntributory with
proper exuu4on and completion of the Work;u�d the insurance afforded to Customer,and shall name the Cl�stomer as"addirional insured",with respect
d. Hire subcontractors and order material to perfom�part of thc Work,if necessary,while to liability arising out of work perEonned by Convergint,as applicable,but only to the extent of
remaining responsible for the completion of the Work. liabilities falling within tlie indemniry obligations of Convergint,pursuant to the tem�s of this
Agreement. Convergint shall provide to the Customer no less than thirty(30)days notice prior to the
Cl�stomer agrees in accordance with the mutually agreed project schedule,and at no wst to termination or cancellation of any such insurance policy.
Convergint:
a. To promptly approve submittals provided by Convergint; SEC1'ION 8.INDEMNIFICATION
b. To provide access to all areas of the faciliry which are necessary ro complete the Work; Convergint shall indemnify and hold Clutomer hamiless from and against claims,damages,losses and
c. To supply suitable electrical service as required by Convergint;and expenses,(including,but not limited to,rcasonable attomey's fees),attributable to bodily injury,
d. That in the cvent of any emcrgcncy or systems faihv�,reasonab(e safery precautions will be siclrness,disease or death,or to destruction of tangible property,but only to the extent caused by:a)tlie
taken by C�sromer to protect life and property during the period of time from when negligent or willful acts or omissions ofConvergint or ConverginPs employees or subcontractors while
Convergint is ficst notified of the emergency or failure and until such time that Convergint on Customei s site,or b)the malfunction of the equipment supplied by Convergint,or c)ConverginYs
notifies the Customer that the systems aze operational or that the emergency has cleared breach of this Agrcement.
IN NO EVENT SHALL EITHER CONVERGINT OR CUSTOMER BE LIABLE TO THE OTHER
SECTION 2.PRICING PARTY HERETO FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL
Pricing and amounts proposed shall remau�valid for 30 days unless othenvise specified.Price includes DAMAGES,INCLUDING COMMERCIAL LOSS,LOSS OF USE OR LOST PROFITS,EVEN IF
only the material listed based on Convergint's intetpretation of plans and specifications unless noted �pT PART'1 HAS BEEN ADVISED OF THE POSSIBILTY OF SUCH DAMAGES. IN NO
othenvise. Addifional equipment, unless negotiated prior to order placement, will be billed EVENT WILL CONVERGINT BE LIABLE TO CUSTOMER FOR ANY AMOiJNTS IN EXCESS
accordingly. Sales taxes,(and in Canada GST/PS"I)and any other taxes assessed on Glistomer shall OF THE AMOLJNTS PAID BY CUSTOMER TO CONVERGINT.
be added to the price upon invoice to Cuslomec It is understood and agreed by the partics hereto tha[ Convergint is or may be providing
SECCION 3.INVOICE REMI1"PANCE AND PAYMENT monitoring and or intrusion products wl�icli are designed to provide notification of ceRain events
Customer agrees to pay Convergint twenry-five(25%)percent of tl�e total price as a mobili7ation fee but are not intended to be guarantees or insurers against any acts for which they aze supposed to
at the time of executing this Ageement. monitor or inform. As required by the monitoring and intrusion industry and the manufacturcrs
If the Work is perfonned over more than a month,Convergint wi11 invoice Customer each month for thereof,ConverginYs indewnification obligation pursuant to Section 8 lierein,does not apply to
the Work perfoccned during the previous month.Customer agrces to pay thc amount due to Comergint the extent the loss indemnified against is caused by any moni[oring or intrusion product or
as invoiced,within thirty(30)days of the date of such invoice.If the Work is completed in less than software provided by but uot manufactured by Convergint Convergint shall have no liability to
one monlh,Customer agrees to pay Convergint in full a(ler lhe Work has been perfonned wilhui thirty Cusromer for any losses to the extcnt such losses arc caused by the monitoring or intrusion product
(30)days of the date of bcing invoiced.Invoices shall not include or be subject to a project retenrion or sofrware. Customer shal]indemnify,defend,and hold hamiless Convergint,from and against
percentage.If Customer is overdue in any payment to Convergint,Convergint sliall be enrided to all claims,lawsuits,damages,losses and expenses by persons not a party to this Agreement,but
suspend the Work until paid,and chazge Customer a��interest rnte 1 and 1/2°/percent per month,(or only to the extent caused by such monitoring or intrusion product or soRwaze provided by but not
the maximum rate permittcd by law),and may avail itsclf of any other legal or equitable remedy. �nanufactured by Convergint.
Customer shall reimburse Convergint wsts incurred in collecting any amounts that become overdue, SECTION 9.COMPLIANCE WITH LAW,EEO&SAFE1'Y
including attomey fees,court wsts and any other reasonable expendinue. This Agreement shall be govemed and consmied in acwrdance wiih the laws of the state/province in
SECTION 4.WARRe1N1'] which the Work is being performed.Convergint agrees to comply with all laws and regulations relating
Convergint provides the following warranty to the Clistomer: to or governing the Work. Convergint agrees lo comply with all repoding requirements imposed by
For die period of one(1)yeaz,counnencing at the earlier of substantial completion of the Work,or law or this Agreement. Convergint shall comply with all safety related laws and regulations and with
first beneficial use,("War�anty Period"): the safery pro�n of the Cusromer,provided such program is supplied to Convergint prior to
a. That Work performed under this Agreement will be of good quality; beginning work.
b. That all equipment will be new unless othenvise requircd or peanitted by this �the event that Convergint discovers or suspects the presence of hazardous materials,or unsafe
Ageement;
c. That the Work will be free from defecls not inherent in the quality required or pennitted; µ'orking wnditions at Customer's faciliry where the Work is to be perfomied,Convergint is entided to
and stop the Work at that facility if such hazardous materials,or unsafe working conditions were not
d. That the Work will confomi to tlie requirements of this Agreement. provided by or caused by ConverginL Converginl in its sole discretion shall detennine when it is"safe"
The G�stomer's sole remedy for any breach of this wacranry is that Convergint shall remove,replace to mmm to perform the Work at Customer's faciliry.Convergint shall have no responsibiliry for the
and/or repair at its own expense any defective or improper Work,discovered within thc Wairanry discovery,presence,Uandling,removing or disposal of or exposure of persons ro hazazdous materials
Period,provided Convergint is notificd in writing of any defect within thc Warranry Period. �n any fom�at the Customer's faciliry.Customer shall indenmil'y and hold harmless Convergint from
and against claims,damages,losses and cxpenses,including but not limited to,reasonable attomey's
My equipment or products installed by Convergint in the course of performing the Work hereunder fees,arising out of or resulting from undisclosed hazardous materials,or unsafe working conditions at
shall only carry such wa[ranty as is provided by lhe manufacturer thereof,which Convergint hereby ��tomer's facility.
assigns to Customer without recourse to Convergint. Upon request of Clistomer,Convergint will use SECTION 10.DISPUTES
all reasonable efforts to assist Clistomer in enforcing any sudi tliird party warranfies. This waaanry �the event of any disputc betwcen Convergint and Customcr,Convergint and Customer shall fust
excludes remedy for damage or defect caused by abuse,modifications not executed Uy Comerguu,
improperorntsufficientmaintenance,improperoperation,ornoimalwearandtearundernormalusage. attempt to resolve tl�e dispute in U�e field,but if tliat is not successful,then in a meeting between
NO F[JRTHER WARRANTIES OR GUARANTIES,EXPRESS OR IMPLIED,ARE MADE WITH authorized o�cers of each company.If settlement attempLc are not successful,then the dispute shall be
RESPECT TO ANY GOODS OR SERVICES PROVIDED UNDER 7T-IIS AGREEMENT,AND subject to and decided by mediation or arUihation.Such mediation or azbitration shall be conducted in
ANY IMPLIED WARRANTIES OF MERCHANTABILI7'Y OR FITTIESS FOR A PARTICULAR accordance with thc Construction Industry Mediation or Arbitration Rules of the American Arbitrarion
PURPOSE ARE EXPRESSLY DISCLAIMED. Association currendy in effect and shall be a final Uinding resolution of the issues presenred between
the parties.
SECTION 5.CIIANGES SECTION 11.MISCELLANEOUS
Without invalidating this Agreement or any bond given hereundey Customer or Convergiut may NeitUer party ro this Ageement shall assig�this Ageement without tlie prior written consent of the
request changes in the Work.Any changcs to the Work and any adjushnent to the Agreement Price or
the time for wmpletion of the Work shall be in writing si�ied by both Customer and Conver�int. If other party hereto.Convergint may assign this Agreement ro any of iu parenls,subsidiary or affiliated
Glistomer orders any additional work or causes any material inted'erence with ConverginPs companies or any enriry majority owned by Convergint.
performance of the Work,Convergint shall be entitled to an equitable adjustment in the lime for Notices shall be in writing and addressedto thc otherparty,in acwrdance with the nan�es and addresses
pedormance and in the Agreement Price,including a reasonable allowance for overhead and profit. of the paRies as shown above.All notices shall be effective upon receipt by the party to whom the
notice was sent.
SECTION 6.FORCE MAJEURE A waiver of the terms hercunder by one party to the other party shall noc be cffective unless in writing
Neither Cusromer nor Convergint shall be responsible or liable for,shall incur expense for,or be and si�,med by a person with authority to connnit the Customer or Convergint and delivered ro the non-
deemed to be in breach of this Agreement because of any delay ui the pedormance of thcir respective
obligations pmsuant to this Agreement due solely to circumstances bcyond their reasonable control µ'aiving party acwrding to the notice provision herein.No waiver by Customer or Convergint shall
("Force Majeure'�and withou[the fault or negligence of the paRy experiencing such delay,provided operate as a continuous waiver,unless the written waiver specifically states that it is a continuous
that the party experiencing the delay shall promptly give writlen notificalion to the olher party within �'aiver of the temis stated in that waiver.
five(5)days after such party has leamed of the Force Majeure.A Force Majeure event shall include, The Sections regarding invoicing,wananry and indemniry shall survive the termination of this
Agreement.
Convergint Technologies'Install Terms&Conditions Version 1.09 April 2017
CITY COUNCIL MINUTES DECEMBER 11, 2018
3. CONSENT CALENDAR(Continued)
3.4 Investment Oversight Committee report for the period ending November 30, 2018.
(OR1800.0.27.16)
ACTION: Received and filed.
3.5 Agreement with MTM Business Systems, doing business as Vital Valt, for the
purchase and installation of modular cabinetry. (A2100.0; AGR-6689)
ACTION: 1) Approved the agreement with MTM Business Systems for the purchase and
installation of modular cabinetry and authorize the Mayor and the City Clerk to execute
the agreement on behalf of the City; 2) Authorized the appropriation of $80,393 in the
following expenditure account number 355.4011.55131.00000, Federal Asset Forfeiture—
Furniture; 3)Authorized the appropriation of$72,797 in the following expenditure account
number 570.4011.51401.00000, Police Facilities—Repairs to Building.
3.6 Agreement with Convergint Technologies for equipment and installation of video
surveillance systems. (A2100.0; AGR-6715)
ACTION: 1) Approved the agreement with Convergint Technologies in the amount of
$176,034 and authorize the Mayor and City Clerk to execute the agreement on behalf of
the City; 2) Authorized the appropriation of$60,000 from Park Acquisition Infill (510)
unreserved fund balance to account number 510.7021.56020.30042; and
3)Authorized the appropriation of$90,000 from Information Technology(790)unreserved
fund balance to account number 790.1601.56033.20348.
3.7 First Amendment to Consultant Services Agreement with Wolff/Lang/Christopher
Architects, Incorporated for architectural design services for the Fire Station 2
Apparatus Bay Project. (A2100.0; AGR-6462.1)
ACTION: Approved the amendment to agreement with Wolff/Lang/Christopher
Architects, Incorporated for architectural design services for the Fire Station 2 Apparatus
Bay Project; and authorized the Mayor and the City Clerk to execute the agreement on
behalf of the City.
3.8 Authorization to advertise for bids for the Annual Concrete Replacement Project
Fiscal Year 2018-2019; Bid No. 189-14. (54000.5.7)
ACTION: Approved plans and specifications and authorized advertising for bids for the
Annual Concrete Replacement Fiscal Year 2018-2019.
3.9 Authorization to advertise for bids for the Metrolink Parking Lot Restoration; Bid
No. 189-15. (P2500.0.9)
ACTION: Approved plans and specifications and authorized advertising for bids for the
Metrolink Parking Lot Restoration.
3.10 Final Acceptance of Bid No. 178-31; Palmyra Avenue Street Improvements Fiscal
Year 2017-2018; and authorization to file Notice of Completion with the County
Recorder. (AGR-6610)
ACTION: Accepted Palmyra Avenue Street Improvements as complete; and authorized
the Mayor and City Clerk to execute the Notice of Completion.
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