ITEM 4. 9
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
ITEM:
RECOMMENDATION:
RATIFY PURCHASE OF DATA CENTER
INFRASTRUCTURE AND FIREWALLS, RATIFY
SERVICE CONTRACT WITH SOLID NETWORKS
INC., AND APPROVE BUDGET AMENDMENT FOR
THE POLICE DEPARTMENT EVIDENCE
BUILDING SERVERS, CIP GG 21- 13
Adopt a Resolution Ratifying Purchase of Data
Center Infrastructure and Firewalls, Ratify
Service Contract with Solid Networks Inc.,
and Approve Related Budget Amendment
for the Lathrop Police Department Evidence
Building Servers, CIP GG 21- 13
SUMMARY:
On June 12, 2023, the Lathrop City Council approved the budget and awarded the contract for the construction of an evidence building for the Lathrop Police Department ( LPD). The construction is nearing completion, with only the installation of crucial technological components remaining. These components include data center infrastructure, servers, firewalls, and switches, which are essential for the operational functionality and security of the building.
The procurement process for these technologies involved soliciting proposals from twelve vendors, with Solid Networks Inc. providing the lowest quotes for the necessary equipment. To prevent any project delays, the City Manager proactively approved the purchase orders and service contract with Solid Networks Inc. in April and May 2024 for the data center infrastructure, firewalls, and servers.
However, due to the purchase of various other technological components authorized under the City Manager' ssigning authority from other vendors for this project, the current budget has become insufficient to cover all necessary technological expenses.
As a result, a budget amendment of $ 770, 00 is now being requested. Staff also seeks City Council' sratification of the purchases and service contract with Solid Networks Inc., totaling $ 412, 656, to ensure the facility operates efficiently and remains compliant with federal and state security policies.
BACKGROUND:
The construction of the new Lathrop Police Department ( LPD) Evidence Building, approved by the City Council on June 12, 2023, is nearing completion, with only the installation of the necessary technological components remaining. These components are vital to the functionality and security of the new facility and include the data center infrastructure, servers, switches, and firewalls.
CITY MANAGER' S REPORT PAGE 2
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
RATIFY PURCHASE OF DATA CENTER INFRASTRUCTURE AND FIREWALLS, RATIFY SERVICE CONTRACT WITH SOLID NETWORKS INC., AND APPROVE
BUDGET AMENDMENT FOR THE POLICE DEPARTMENT EVIDENCE BUILDING SERVERS, CIP GG 21- 13
Data Center Infrastructure: This facility will serve as the central storage and management hub for all servers, firewalls, switches, and networking equipment for the LPD Evidence Building. It includes physical racks equipped with cooling systems to house all critical equipment securely. An Uninterrupted Power Supply ( UPS) system is integrated to ensure continuous power during outages, safeguarding data integrity and operational continuity.
Servers: As the backbone of the City' s information systems network, servers store data and manage security configurations essential for user operations. To comply with US Department of Justice ( DOJ) regulations, the LPD must maintain its data on separate servers from the rest of the City' s network. This segregation is critical to ensure security and integrity for sensitive law enforcement data.
Video Recording Servers: These are specifically to support the surveillance system approved by the City Council for the LPD Evidence Building. These servers will store the video from the surveillance cameras installed throughout the LPD Evidence Building. Each surveillance system requires it' s own video recording server to support and retain the video recorded.
Firewalis: These devices are crucial for protecting the City' s network from unauthorized access and security threats. They function by creating a barrier between secure internal network and external networks meticulously monitoring and controlling incoming and outgoing traffic based on stringent security protocols.
The installation of these necessary technological components in the new LPD Evidence Building is critical to safeguarding the network. It ensures that the LPD Evidence Building operates efficiently and remains compliant with federal and state security standards, protects sensitive data and supports the City' s police department' soperational needs.
Despite extensive outreach for proposals on this project, response rates from vendors have been low, as detailed in Tables 1 through 4 below. Only a limited number of vendors have engaged with this opportunity, reflecting the specialized nature of the required equipment.
Table 1 - Main Servers
1 Solid Networks 153, 729. 9
2 Staples Technology 313, 682. 91
3 Zayn Tek Vendor Responded as Not Providing a Proposal 4 Smile BPI Vendor Responded as Not Providing a Proposal
CITY MANAGER' S REPORT
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
RATIFY PURCHASE OF DATA CENTER INFRASTRUCTURE AND FIREWALLS, RATIFY SERVICE CONTRACT WITH SOLID NETWORKS INC., AND APPROVE
BUDGET AMENDMENT FOR THE POLICE DEPARTMENT EVIDENCE BUILDING SERVERS, CIP GG 21- 13
Table 2 - Video Servers
PAGE 3
1 Solid Networks 110, 788. 92
2 Gov Connection Vendor Responded as Not Providing a Proposal 3 Smile BPI Vendor Responded as Not Providing a Proposal 4 CDW- G No Response
Table 3 - Data Center Infrastructure
1 Solid Networks 55,28. 24
2 Gov Connection 88, 482. 58
3 Smile BPI No Response
4 GHA No Response
Table 4 - Firewall
1 Solid Networks 92, 609. 28
2 Gov Connection 134, 963. 16
3 Zayn Tek No Response
4 Smile BPI No Response
Vendor Selection and Costs:
Solid Networks Inc. provided the lowest priced quotes for all required technical equipment, amounting to a total of $412, 656. 43. The City Manager proactively signed approval for the purchase orders and service contracts with Solid Networks Inc. for the data center infrastructure, firewalls, and servers in April and May 2024. This early action was taken due to the long lead times for this equipment, ensuring the project would not face unnecessary delays. At that time, staff did not present these purchases and service contracts to the City Council, as we were awaiting proposals for other technological equipment to accurately determine the total cost of all required technical components for this project. The expenses for all other technical components fall within the City Manager' ssigning authority for various vendors.
Budget Considerations:
Due to a catastrophic earthquake in Taiwan, a major hub for technology manufacturing and distribution, there have been increases in lead times and costs for technological equipment. This has impacted the budget for the LPD Evidence Building' stechnology needs. Other technological and basic operational equipment, such as computers and monitors for staff use, have been approved by the City Manager under his signing authority from various vendors pursuant to LMC 2. 36. 110.
These expenses have accumulated to approximately $ 770, 00. Given that the current budget for CIP GG 21- 13 does not sufficiently cover all the required technology for the LPD Evidence Building, staff is requesting a budget amendment to cover these technical expenses of $770, 00.
CITY MANAGER' S REPORT PAGE 4
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
RATIFY PURCHASE OF DATA CENTER INFRASTRUCTURE AND FIREWALLS, RATIFY SERVICE CONTRACT WITH SOLID NETWORKS INC., AND APPROVE
BUDGET AMENDMENT FOR THE POLICE DEPARTMENT EVIDENCE BUILDING SERVERS, CIP GG 21- 13
REASON FOR RECOMMENDATION:
The requested technology infrastructure is crucial for the operational functionality and security of the new LPD Evidence Building. These components, including servers and firewalls, ensure efficient and reliable operations in compliance with Department of Justice ( DOJ) regulations requiring the segregation of police data. They are specifically designed to secure sensitive law enforcement information and protect the network from cyber threats, thereby maintaining the integrity and confidentiality of criminal justice information.
Ratification of these purchases is essential due to the long lead times associated with acquiring this specialized equipment. These technologies have been selected for their competitive pricing and ability to meet stringent security standards, ensuring that the facility operates efficiently and adheres to federal and state security policies.
FISCAL IMPACT:
There is not sufficient funds in the CIP GG 21- 13 to fund this expense, therefore staff is requesting a budget amendment of $ 770, 00 to cover these expenses.
Fiscal Year 23-4
Increase Transfer Out
2270- 9900-90- 9010 $ 770, 00
Increase Transfer In
3010- 9900- 393- 0000 GG 21- 13 $ 770, 00
Increase Appropriation
3010- 8000- 450- 12- 00 GG 21- 13 $ 770, 00
Fiscal Year 24-5
Decrease Transfer Out
2270- 9900-90- 9010 $ 770, 00
Decrease Transfer In
3010- 9900- 393- 0000 GG 21- 13 $ 770, 00
Decrease Appropriation
3010- 8000- 420- 12- 00 GG 21- 13 $ 770, 00
CITY MANAGER' SREPORT PAGE 5
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
RATIFY PURCHASE OF DATA CENTER INFRASTRUCTURE AND FIREWALLS, RATIFY SERVICE CONTRACT WITH SOLID NETWORKS INC., AND APPROVE
BUDGET AMENDMENT FOR THE POLICE DEPARTMENT EVIDENCE BUILDING SERVERS, CIP GG 21- 13
ATTACHMENTS:
A. Resolution of the City Council of the City of Lathrop to Ratify Three Purchases and a Service Contract with Solid Networks Inc for the Lathrop Police Department Evidence Building Servers, Data Center Infrastructure and Firewall for CIP GG 21- 13 and Related Budget Amendment
B. Executed Purchase Order No. 2024- 747 with Solid Networks Inc for the Hardware Only Purchase of the Evidence Building Servers C. Executed Purchase Order No. 2024- 740 with Solid Networks Inc for the Hardware Only Purchase of the Evidence Building Firewall D. Executed Service Contract No. 2024- 31 with Solid Networks Inc. to Provide Equipment and Deployment of Data Center Infrastructure for the Lathrop Police Department Evidence Building CIP GG 21- 13
E. Executed Purchase Order No. 2024- 837 with Solid Networks Inc. for the Video Server for the Lathrop Police Department Evidence Building CIP GG 21- 13 CITY MANAGER' S REPORT PAGE 6
JUNE 10, 2024 CITY COUNCIL REGULAR MEETING
RATIFY PURCHASE OF DATA CENTER INFRASTRUCTURE AND FIREWALLS, RATIFY SERVICE CONTRACT WITH SOLID NETWORKS INC., AND APPROVE
BUDGET AMENDMENT FOR THE POLICE DEPARTMENT EVIDENCE BUILDING SERVERS, CIP GG 21- 13
APPROVALS:
go
ndes Date
nformation Systems Director
rz Cn / 3 /1 I,/
Cari James Date
Finance Director
Michael King
Assistant City Manager
Date
Cy1• uLy
Salvador Navarrete Date
City Attorney
co• S•7-4
Stephen J. Salvatore Date
City Manager
RESOLUTION NO. 24 -
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LATHROP TO RATIFY
PURCHASE OF DATA CENTER INFRASTRUCTURE AND FIREWALLS, RATIFY SERVICE CONTRACT WITH SOLID NETWORKS INC., AND APPROVE BUDGET
AMENDMENT FOR THE POLICE DEPARTMENT EVIDENCE BUILDING SERVERS, CIP GG 21- 13
WHEREAS, June 12, 2023, the Lathrop City Council approved the budget and awarded the contract for the construction of an evidence building for the Lathrop Police Department; and
WHEREAS, construction is nearing completion, with only the installation of crucial technological components remaining; and
WHEREAS, the procurement process for these technologies involved soliciting proposals from twelve vendors, with Solid Networks Inc. providing the lowest quotes for the necessary equipment; and
WHEREAS, to prevent delays in the project, the City Manager proactively approved the purchase orders and service contracts with Solid Networks Inc. in April and May 2024 for the data center infrastructure, firewalls, and servers for a sum of 412, 656; and
WHEREAS, due to the purchase of various other technological components authorized under the City Manager' ssigning authority from multiple vendors, the current budget has become insufficient to cover all technological expenses and a budget amendment of $ 770, 00 is being requested.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of Lathrop does hereby ratify the City Manager' s approval of the purchases and service contract with Solid Networks Inc. for the data center infrastructure, servers, and firewalls for a sum of $412, 656and related budget amendment detailed below.
Fiscal Year 23-4
Increase Transfer Out
2270- 9900-90- 9010 $ 770, 00
Increase Transfer In
3010- 9900- 393- 0000 GG 21- 13 $ 770, 00
Increase Appropriation
3010- 8000- 450- 12- 00 GG 21- 13 $ 770, 00
Fiscal Year 24-5
Decrease Transfer Out
2270- 9900-90- 9010 $ 770, 00
Decrease Transfer In
3010- 9900- 393- 0000 GG 21- 13 $ 770, 00
Decrease Appropriation
3010- 8000- 420- 12- 00 GG 21- 13 $ 770, 00
The foregoing resolution was passed and adopted this 10th day of June 2024, by the following vote of the City Council, to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
Sonny Dhaliwal, Mayor
ATTEST: APPROVED AS T FORM:
Teresa Vargas, City Clerk Salvador Navarrete, City Attorney DocuSign Envelope ID. 9DAE17F5- 8236- 4249- BF33- F34A26F91138 The parties to this agreement
are:
Vendor No. 1295
Solid Networks, Inc
ea P. O. Box613
O. OAKDALE, CA 95361
1 1. 00
2. 00
1. 00
160. 00
1. 00
EACH
EACH
EACH
EACH
EACH Tax
W 390 Towne Centre Dr
Lathrop, CA 95330
i
0 CO 390 Towne Centre Dr
Z. Lathrop, CA 95330
O
Attachment B
Purchase Order
No. 2024- 00000747
Date 4/ 5/ 2024
Resolution
PURCHASE ORDER NUMBER MUST
APPEAR ON ALL INVOICES, SHIPPERS, BILL
OF LADING AND CORRESPONDENCF
DELIVER BY
SHIP VIA
FREIGHT TERMS
PAGE
ORIGINATOR
1 of 3
Emily Malay
19, 235. 0000 $ 19, 235. 00
18,77. 0000 $ 36,54. 00
68, 145. 0000 $ 68, 145. 00
139. 0000 $ 22,40. 0
57, 755. 9900 $ 7,55. 99
The contractor agrees to furnish all labor, equipment and materials necessary to perform the services describe herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference ( Outline exact detail what is to be done, where is to be done and include work specifications, if applicable.)
FocuSigned
by:
t,YkatlnawS 4/5/ 2024
CITY OF LATHROP
RECOMMENDED FOR APPROVAL
r-- Docu8gneaby:
5153, 729. 9
k4is{ 1tti, A. 4iiksott 4/ 5/ 2024
VENDOR ( Signature)
DATE APPROVED BY
Foc; ` t • 1 t3 Z` 1
CITY OF LATHROP C.- TEsP Mr&
APPROVED BY
Special Instructions
Evidence Building Servers 111111
gLvq• TbO- C. DATE
Christina Robinson
DATE
4/5/ 2024
VENDOR ( Print Name)
APPROVED BY DATE
DocuSign Envelope ID: 90AE17F5- 823B- 4249- BF33- F34A26F91138
STANDARD PURCHASE ORDER
TERMS AND CONDITIONS
1 ACCEPTANCE. Acceptance of this Purchase Order. whether by written acknowledgement or by performance by Seller. shall be upon the terms and conditions heteof. no other terms or conditions shall be binding on Buyer unless wntten approval thereof specifically refetnng to such other terms and conditions shall have been pven to Seller. 2 INVOICES. Separate invoice shall be suppled fan each Purchase Order shipment Each invoice shall be itemized and shall show Contract Numaber. turns. discotmts. date of shipment or site dates. and Purchase Order Number. Failure to show said items may result in delay ofpayment with all rights reserved. Including cash discounts The Vendor name on this Purchase Order resulted from a quotation signed m the same name. Payment will not be made to a firm name other than that shown on the face hereof without wzitten assiteaman 3 PAYMENT TERMS. Seller shall receive payment either by One -Tire payment (,lump Sum). Monthly or Quarterly IIEMIZED INVOICE. All payments are in arrears.
4 ORDER CHANGES. The Buyer shall have the nght from tune to tide by wntten notices to male changes in gamtines and or delivery dates of any click, material. or services covered by this Purchase Order prior to the tmre the item or stems are actually placed into final production by the Sella. /lurch changes are made a*erthe article. material. or sen' wes are placed into final production by the Seller and such changes cause a substantial increase or decrease m Seller' s performance will be made and this order will be modified in writing accordingly, provided that any claim for adjustment must be asserted by the Seller withm a reasonable time din no case to exceed twentt• days) after the change is ordered.
5. SHIPPING. Sella will indicate plainly the Purchase Order Number on all bills of lading. all goods shipped pursuant to said order. and on all invoices, height bills. and packages. Each package must contain a memorandum showing Seller' s name. contents ofpackage. and Purchase Order Number.
Shipments of goods specified on the Purchase Order number should result in lowest possible freight rate unless otherwise specified by Buyer. Penalties or increased charges due to failure to observe this provision will be charged to Seller Shipping costs fbr goods on back order shall be paid only at the rate which would have been applicable had the complete cedes been shipped at one tine. All access costs shall be boomer by Seller. Partial shipments must be identified as such on shipprop memoranda and invoices
When shipping. Seller will make no declaration of value to canned. except where shipment is subject to released value ramngs My metaials supplied to Cny which are covered by the OSHA Hazard Communication Standard must be accompanied by the applicable Material Safety Data Sheet ( MSDS) at the time of delivery.
6. DELIVERY. Unless othawtse expressly provided. Seller shall deliver all articles to Buyer' s premises. free of all freight. handling. ttmsporpgno, drayage, boring and similar charges. Ali tunes in this contract are of the essence_ TERMINATION. Buyer may teammate all or pan of dos contract with or without cause If buyer terminates without cause. then Buyer shall pay all reasonable termination charges intoned by Seller
8. DECLINE IN PRICES. Buyer shall be protected in the event ofdeclining paces on the undeh' ered portion of this Purchase Order If prima decline got items ordered. Seller may elect to meet Feud redactions or other vendors. or is own lower prices to other purchasers, but ifSeller should refuse to do so. Buyer shall have the nght to cancel any or all ofthe balance due on this Purchase Order without cost to Buyer.
9. FORCE MAJEVRE. Neither Seller not Buyer shall be liable for nonperformance due to causes beyond reasonable control Muse only a pan of Seller' scapacity to perform is excused under this paragraph. Seller must allocated production and deliveries among the various customers then under contract for similar goods during the penod The allocation must be made in a fair and equitable manner. Where either Sella or Buys claims an encase for nonpafamance under this paragraph it must give nonce in witting to the other pain• Seller shall not be obligated to sell. nor Buyer obligated to purchase. at a late date. that portion of the goods that Seller is unable to deliver or Buyer is unable to mate or use due to any excused cause. No goods are to be tendered by Sella after the expiration of the tams specified m this Purchase Order without consent ofBursar.
10. WARRANTY. Seller warrants that all articles and sauces covered by the Purchase Order will conform to drawings. specifications. or samples and will be merchantable and ofrod material design and workmanship. See from all defects. and suitable for the use intended.
All articles will be subject to Buyer' sinspection and rejection at the place of delivery. Defective articles may be retuned to the Seller for full credit or replattemeat at the Seller' srisk and expense. inchudmg transpoctauon charges both ways. but no defective articles shall be replaced without formal replacement order signed by theBuyer
11. ASSIGNMENT. Neither party shall * sup or transfer thisPurchase Order without the written consent ofthe other
12. INDEMNITY. SELLER WARRANTS THAT GOODS FURNISHED UNDER THIS PURCHASE ORDER DO NOT LNFRLsGE ANY PATENT. TRADEMARK. OR TRADE NAME. OR C' OPVRIGHT AND AGREES TO LNDE] fNI Y AND SAVE HARMLESS BUYER OR ITS Atr' DEES FROM ANY AND ALL CLAIMS. SUITS. LLABRITIES. D. A3LAGES. LOSSES. OR EXPENSES INCURRED BY BUYER OR ITS VENDEES BY REASON OF ANY ALLEGED Itii "FRINGEMINI OF ANY SUCH RIGHTS.
DocuSign Envelope ID: 9DAE17F5. 823B- 4249- BF33- F34A26F91138 PAGE 3 OF 3
SELLER SHALL L2' DElliNIFl AND HOLD HARMLESS BUYER AND ITS AGENTS . AXD EMPLOYEES FROM AN AGALNIST ALL CLAIMS. DAMAGES. LOSSES AND EXPENSES. 1MC LIMING ATTORNEY' SFEES. ARISING OLT OF OR
RLSVLTI NG FROM THE PERFORMANCE OF THE WORK CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF SELLER. ANY SUBCONTRACTOR OR ANYONE FOR WHOSE ACTS ANT OF THEM MAY BE LIABLE. LN C ASE OF CONCURRING FAULT. EACH PARTY SHALL BEAR ITS SHARE OF THE LOSS.
13. BUYER' SPROPERTY. Any property ofBuyer in Seller' sactive or constructive possessnoa or custody hereemder will be at Sellers risk. and Seller agrees to reimburse Buyer for any loss or damage to such property however caused 14 COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS By acceptance hereof. Seller Warrants:
a) that all goods. merchandise. and materials delivered and services rendered hereunder will have been produced and provided in compliance with all requirements of the Fair Labor Standards Act of 1938. as amended and b) that all goods. materials. and equipment delivered hereunder shall comply with the applicable federal standards prescribed by the Occupational Sa& ty and Health Act of 1970. or as amended c) that Seller will comply with all applicable laws. rules and regulations of federal state and local governments and agencies. thereof. including but not limited to Execnb a Orders 11246. 11701. and section 503 ofPubbc Law 93- 112. The Rehabilitation Act of 1973. the provisions of The Aaanrcans and Disabilities Act. Transient Employe Law ( 85. 230 R 5 Mo et seq.) and Excessive Unemployment Law (Section 290. 550 et seq R. S Mo) which are hereby incorporated by reference. unless this Purchase Order is exempt pursuant to said Executive Orders. or Acts and the regulations issued thereunder.
13. WORKER' SCOMPENSATION. EMPLOYER' SLIABILITY. AND GENERAL LIABILITY When work as performed on Buyer' s premises. Seller agrees to cars} at Seller' sown expense. a) Worker' sCompensation and Employers Liability Insurance. b) General liability ( including Contractual Liability and Products liability C ompleted Operations) Insurance and Auto Liability insurance each in amounts no less than $1. 000.00 per occurrence. Insurance certificates of such coverage shall be submitted to City Utilities' Risk Management upon request ofBuyer
16. INSOLVENCY. IfSeller shall become insolvent. file a petinoa in bankmpcy. or shall make an assignment for the benefit of creditors_ a if a roam or trustee shall be appointed of or for any of Seihds property or business. the Purchase Order may be cancelled at Buyer' s option without liability.
17. TAXES. Sella agrees to cooperate with Buyer m opposing the imposition of any tar on any article covered by this Purchase Order. the legality of which is questioned by Buyer. and in securing any abatement or any refund thereof sought by Buyer.
18. FOREIGN SHIPMENTS. Foreign shipnmrs must be preceded by execution of Sternal Consular Invoice. At nme of shipment. Ocean Bills of Lading. Consular Invoice. and Commercial Invoices. in triplicate. shall be forwarded directly to the P rchasmg Agent nouns this Purchase Orden.
19. VENUE. This Purchase Order shall be governed by the law ofthe State of California
20. BRANDING. Seller warrants that all materiels covered by this Purchase Order are no altered or misbranded within the meaning of the Federal Food. Ding and Cosmetic Act: not an article with may not . under provisions of Section 404 or 505 of sad act. be introduced into interstate commerce, and not adulterated or misbranded within the meaning of the pure food and drug laws or the ordinances of any state or any which are applicable to such shipment or delivery. and Seller hereby agrees to indemnify and save the Buyer harmless from and against all claims. charges. action and proceedings brought against Buyer by any lawful preentment authenry or by any person on account of any alleged adulteration or misbranding by Seller orally such material referred to above. Seller does no guarantee against any such material becoming adulterated or misbranded after delivery to Buyer by reason of causes beyond Sella' scontrol.
21. CONFLICTING TERMS. In case of a confect between these tams and conditions and those of a separate written contract signed by both
Buyer and Seller. the written contract shall prevail
22. REVIEW OF RECORDS. During the tam of the purchase order agreement and for three years thereafter. City of Lathrop ( Cup shall brie the right to review Seller' srecords, only for the purposes of vaifyvag claims for payment and compliance with the terms and conditions ofthe purchase order+ agreement for at least three years after final payment.
23. OFFSETTING BILLS. City reserves the right to apply offsetting payments for goods and or sevsces that are due against delmgueni utility bills which we due City.
24. NON- EXCLUSIVE AGREEMENT The purchase order rs a non- exclusive contract and City reserves the nght so purchase same or like materials edlor services ftom other sources a City deems necessary and a ppropnare.
DocuSign Envelope ID: 9DAE17F5- 8238. 4248- BF33- F34A28F91138 115 SolidNetworks
i Networks
0.vla
N' 1ni N , Ika l
Cam! iii l 1jt', tL' vc:
Technology
We have prepared a quote for you
Prepared for:
City of Lathrop
Emily Malay
Emalay@cl. lathrop. ca. us
J
Solid f /
2 2
54, 826. 00
52. 00 8
54, 826. 00
416. 00
Subtotal 36.54. 00
5139. 00 160 22.40. 0
22,40. 0
i
Solid ' ` i 1
PD
Quote #:
Version: 1 Updated: 03/ 28/024
Prepared by:
Solid Networks
Mark Ricci
1. 209. 338. 1424
Mark. Ricci@SolidNetworks. com
Quote Summary
Expiration Date: 04/ 30/ 224
Prepared for:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Emily Malay
209) 941- 7345
Emalay@ci. lathrop. ca. us
Ship To:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Emily Malay
209) 941- 7345
Emalay@ci. lathrop. ca. us
Due to the global pandemic, the supply chain for IT products has been severely constrained. Please note that vendors are not allowing for cancellations on orders, even when the delivery time is severely impacted. We appreciate your patience as we navigate these circumstances.
19, 235. 00
36,54. 00
68, 145. 00
22,40. 0
All work performed is bound by the terms and conditions set forth in our current Master Services Agreement. Taxes. shipping. handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.
Solid Networks City of Lathrop
Signature:
Name: Mark Ricci
Title: Account Manager
Date:
Signature:
Name:
Title:
Date:
Emily Malay
Accounts Payable
i„.
t ' arz,, iE t7
jp S l3 Ipw
The Offsite Staging & Conlguration Agreement (" Agreement”) is entered into upon approval of the Solid Networks Quote between (Quote listed customer Client") and Sold Networks (SNI1.
Client wishes to purchase equipment from SNI which win be held, staged, or configured at a location other than the client premises.
The parties therefore enter into this agreement, on the following terms and conditions:
A. Provisions Related to Equipment Purchases.
1. Transfer of Title
Al equipment purchased by client hereunder shall be deemed to have been delivered and title shall transfer to Client when received at the offsite location. The offsite location may be an office location of Client or a staging facility as indicated in the SHIP -TO location of the agreement.
2. Invoicing
Client may be invoiced for the equipment upon delivery to the offsite location.
DocuSign Envelope ID: ACECFI28- 3C3A- 4747- BF8D- F48A4FCE0022 Attachment C
1116:*
The parties to this agreement
are:
Vendor No. 1295
Solid Networks, Inc
3 P. O. Box613
o
OAKDALE, CA 95361
2. 00
2. 00
2. 00
2. 00
50. 00
1. 00
1. 00
1. 00
C
EACH
EACH
EACH
EACH
EACH
EACH
EACH
I>0 390 Towne Centre Dr
Lathrop, CA 95330
1 0
CA 390 Towne Centre Dr
Lathrop, CA 95330
0 Purchase Order
No. 2024- 00000740
Date 4/1/ 2024
Resolution
PURCHASE ORDER NUMBER MUST
APPEAR ON All INVOICES, SHIPPERS, BILL
OF LADING AND CORRESPONDENCE
DELIVER BY
SHIP VIA
FREIGHT TERMS
PAGE
ORIGINATOR
1 of 3
Emily Malay
14, 729. 0000 $ 29, 458. 00
1,24. 0000 $ 2,48. 00
14, 585. 0000 $ 29, 170. 0
13, 208. 0000 $ 26, 416. 00
9. 0000 $ 450. 00
963. 0000 $ 963. 00
1,30. 0000 $ 1,30. 0
2, 774. 2800 $ 2, 774. 28
The contractor agrees to furnish all labor, equipment and materials necessary to perform the services describe herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference ( Outline exact detail what is to be done, where Is to be done and Include work specifications, if applicable.)
rDwisiiimw• br 4/ 2024
CITY OF LATHROP
RECOMMENDED FOR APPROVAL DATE
CITY OF LATHROP
APPROVED BY
Special Instructions
Hardware Only - Firewall
t•ii•zozl
DATE
r(Oecuagnbd
by::
laistibusIeoba. Sotn,
VENDOR ( Signature)
APPROVED BY
Christina Robinson
92, 609. 21
4/ 2024
DATE
4/ 2024
VENDOR ; Print Name)
APPROVED BY DATE
OocuSign Envelope ID: ACECF128- 3C3A- 4747- BF8D- F48A4FCE0022 Page _ of3
STANDARD PURCHASE ORDER
TERMS AND CONDITIONS
1. ACCEPTANCE. Acceptance of this Purchase Order. whether by written acknowkdgmornt or by performance by Sella, shall be upon the terms and mediums hereof, no other tams or conditions shall be binding on Buyer unless written approval thereof specifically refemng to such other tams and conditions shall have been given to Seller.
2. INVOICES. Separate invoice shalt be supplied for each Purchase Order shipment. Each invoice shall be stemmed and shall show Contract Number, terms, discounts. date of shipment or scare dates. and Purchase Order Number. Fahne to show said items may result in delay of payment with all rights reserved. including cash discounts. The Vendor name on this Purchase Order resulted from a quotation segued in the same name. Payment will not be made to a & m name other than that shown on the face hereof maces mitten assignment.
3. PAYMENT TERMS. Seller shall receive payment either by One -Time payment ( Lump Sung. Monthly or Quarterly ITEMZED INVOICE. All payments are in wears.
4. ORDER CHANGES The Buyer shall have the light from tune to time by mitten notices to make changes m guansines aaor delivery dates of any uncle, material, or services covered by this Purchase Order prior to the time the item or items are actually placed into final paoductioo by the Seller. If such changes are made after the article. material or ' sues are placed into final production by the Seller and auch changes came a substantial increase or decrease in Seller' sperformance will be made and this order will be modified m writing accordingly, provided that any claim for adjustment must be asserted by the Seller within a reasonable time ( in no case to exceed twenty days) after the change is ordered.
5. SHWPING. Seller will indicate plaimiy the Purchase Order Number on all bolls ofladma`$ all goods shipped pursuant to said order. and on all invoices, fieigbt bills, and packages. Each package must contain a memorandum showing Seller' sname. contents ofpack age. and Purchase Order Numbs.
Shipments of goods specified m this Purchase Order number should result in lowest possible fight rate umkss otlterw se specified by Buyer. Penalties er increased charges, due to failure to observe this provision will be charged to Seller.
Shgtping costs for goods on back order shall be paid only at the rate which would have been applicable bad the complete order been shipped at one time. All mesa costs shall be bane by Seiler. Partial shipments must be identified as such on shipping mearatanda and invoices.
When shipping. Seller will make no declaration ofvalue to carried. except where shipmment is subject to released value ratings.
Any materials supplied to City which are covered by the OSHA Hazard Communication Standard must be accompanied by the apphcabk Mateid SaktyData Suet ( MSDS) at the nneofdelivery.
6. DELIVERY. Unless otherwise eapmsty provided, Seller shall deliver all uncles to Buyer' spraises. free of all freghL handling. ttanspottahon charge, boxing and simmilar charges. All tunes is this contract are ofthe essence.
7. TERMINATION. Buyer may terminate all or part of this contract with or without cause. If buyer teammates without cause. then Buyer shall pay all reasonable termination charges incurred by Seller.
8. DECLINE IN PRICES. Buyer shall be protected in the event of dechsing paces on the undelivered portion of this Purchase Order. If prices decline got item ordered, Seller may elect to meet priced reductions or other vendors, or is own lower pastes to other purchaseas. bus ifSeller ahead refine to do so. Buyer shall have the right to cancel any or all ofthe balance due on this Purchase Order without cost to Buyer.
9. FORCE MAJEURE. Neither Seller nor Buyer shall be table for nonperformance due to causes beyond reasonable control Where only a part of Seller' scapacity to pathos is erased under this paragraph. Sella must allocated production and deliveries among the venous stamen then anther contract for similar goods dating the pond. The allocation must be made m o fair and equitable manner. Where either Seller or Buyer darns an excuse for naepes6ota once under this paragraph, it must give nonce in wrinng to the other party Sella shall not be obligated to sell, nor Bayer obligated to purchase. at a later date. that portion of the goods that Seller is unable to delayer or Buyer is unable to remove ac use due to any excused cause. No goods are to be tendered by Seller after the expiration of the tams specified in this Purchase Ordervatic= consent ofBuyer.
10. WARRANTY. Seller warrants that all atticits and services covered by this Purchase Order will conform to drawings. specifications. or samples and will be merchttmable and ofgood material design and works aeship, free from all defects, and suitable for the use intended.
All snicks will be subject to Buyer' sinspection and rejection at the place ofdehvey. Detective articles may be returned to the Seller for fith ( edit er replacement at the Seiko' srisk and expense. including transperwwn charges both ways. but no defective uncles shall be replaced without fennel replacement order signed by the Buyer
11. ASSIGNMENT. Neither patty shall assign or transfer this Purchase Order without the vain= consent ofthe other.
13. INDEMNITY. SELLER WARRANTS THAT GOODS ELIO/ SHED VM) ER THIS PURCHASE ORDER DO NOT I1elRLNGE ANY PATENTn, TRADFlisaux OR TRADE NAME. OR COPYRIGHT AND AGREES TO TNDEMIb' IfY AND SAVE HARMLESS BUYER OR ITS VENDEES FROM AM MID ALL CLAIMS, SLITS. t Tsmttr IIES, DAMAGES. LOSSES. OR EXPENSES INCURRED BY BUYER OR ITS VENDEES BY REASON OF ANY ALLEGED II- FRLNGEMEN7 OF ANY SUCH RIGHTS.
DocuSign Envelope ID: ACECF128- 3C3A- 4747- BF8D- F48A4FCE0022 PAGE 3 OF 3
SELLER SHALL IINDEA IIFl AND HOLD HARMLESS BUYER ND ns AGENTS . A1SD EMPLOYEES FROM AN
AGAINST ALL CLAMS DAMAGES, LOSSES AND EXPENSES, INCLUDING ATTORNEY' SFEES, ARISING OUT OF OR
RESULTING FROM THE PERFORMANCE OF THE WORK CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF cFt t.FR ANY SUBCONTRACTOR, OR ANYONE FOR WHOSE ACTS ANY OF THEM MAY BE LIABLE. IN CASE OF
CONCURRING FAULT, EACH PARTY SHALL BEAR ITS SHARE OF THE LOSS,
13. BUYER' SPROPERTY. Any property ofBuyer m Seller' s active or constructive possession or custody hereunder will beat Seller s nil. and Seller agrees to n ambune Buyer for any loss or damage to such property however caused.
14. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. By acceptance hereof. Seller Warrants:
a) that all goods, merchandise. and maIerials delivered and services rendered hereunder will have been produced and provided in compliance with all requirements ofthe Fair Labor Standards Act of 1938, amended, and b) that all goods, narwhals, and equipment delivered beretmda shall comply with the applicable federal standards prescribed by the Occupational Sakey and Health Act of 1970. or as amended. c) that Seller will comply with all applicable laws. rules and regulations of federal, star and local envemmems and agencies. thereof including but not lim ted to Executive Orders 11246. 11701. and section 503 of Public Law 93- 112. Ile Rehabilitation Act of 1973. the provisions of The Amt ant and Disabilities Act, Transient Etuployer Law ( 285.30 R 5. Mo et seq.) and Excessive U: tresoploymentt Law ( Section 290. 550 et seq R. S. Mo.) which are hereby iucosporated by reference. unless this Purchase Order is tempt pursuant to said Executive Orders. or Acts and the regulations issued thereunder
15. WORKER' S COMPENSATION. EMPLOYER' SLIABILITY. AND GENERAL LIABILITY When work is performed on Buyer' s premises, Seller agrees to cony at Seller' sown expense. a) Wodia' sCompensation and Employ&' s Liability Insurance, b) General liability ( including Contactual Liability and Products Liability Completed Operations) Insurance and Auto Liability insurance each in amanita no leas than f1. 000,00 per occtarence. ? assurance certificates ofsuch coverage shall be submitted to City Utilities' Risk Management upon request of Buyer.
16. INSOLVENCY. IfSellea shall became insolvent, file a petition in bankruptcy. or shall make an assignment for the benefit of creditors. or if a receiver or turtle. shall be appointed of err fur any of Seller' s property or business. the Purchase Order may be cancelled at Bayer' s option without liability.
17. TANTS. Sella epees to cooperate with Buyer in opposing the imposition of any tax on any article covered by this Purchase Orekr. the salty ofwhich is questioned by Bayr7. and in securing any abatement or any retied thereof sor tby Buyer.
It. FOREIGN SHIPMENTS. Foreip shipments must be preceded by execution of &meal Cassstslar Invoice. At one of shtpseent. Ocean Bilk of Lading, Consular Invoice, and Commercial humans. in mpbcate, shall be forwarded directly to the Purchasing Agent issuing this Purchase Order.
19. VENUE. This Purchase Ord& shall be governed by the law of the State of California
20. BRANDING. Seller warrants that aS watenak covered by this Purchase Order are no abered or misbranded within the meaning of the Federal Food, Drug and Cosmetic, Act; not an asticla with may not . under provisions of Section 404 or 505 ofsaid act be introduced into interstate ce® seroe, and avt atilenatsd or misbranded within tie s' waiag of the pane food and drag laws or the ordinances of any sane or city which are applicable to such Ailment or delivery. and Seller hereby agrees to indemnify and save the Buyer harmless lone and against allclaims. des, artion and proceeds brought against Buyer by any lawlinl goveranment authority or by any person on accotmt of any alleged adulleratton err mtelbtanding by Seller of any such maienal refaced to above. Seiler does no guarantee against any such mania' becoming adpilseraied or misbranded afar delivery to Buyer by reason ofcauses beyond Se lla' scontrol.
21. CONFLICTING TERMS. In case of a conflict between these tams and conditions and those of a separate written contract signed by both
Buyer and Seller; the written contract shalt prevail.
22. REVIEW OF RECORDS. During the term ofthe purchase ord risaeemant and for then yeas thereafter. City of Lathrop ( City) shall have the right to review Seer' srecords, only for the purposes of veer ljring clams fbr payment and compliance weld the teems and conditions ofthepwchase ordersagreemeat for at lease three yeas after final payment
23. OFFSETTING BIBS City reeves the right to apply offietting payments for goods ander services that are due against delmqueut utility bads which are due City.
24. NON- EXCLUSIVEAGREEMENT. Ilse purchase order in a nose- ecbtsive contract and City reserves the right to ptuchase same or like materials andlor services from other sources as City deems necessary and appropnate.
DocuSign Envelope ID: ACECF128- 3C3A- 4747- BF$D- F48A4FCE0022 SolidNetworks
Solid Networks
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We have prepared a quote for you
Prepared for:
City of Lathrop
Emily Malay
Emalay@cl. lathrop. ca. us
PD Evidence Building
Version: 1 Updated: 03/ 20/24
Prepared by:
Solid Networks
Mark Ricci
1. 209. 338. 1424
Mark. Ricd@SoiidNetworks. com
Quote Summary
Expiration Date: 04/ 30/ 224
Prepared for:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Emily Malay
209) 941- 7345
Emalay@ci. lathrop. ca. us
Ship To:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Emily Malay
209) 941- 7345
Emalay@ci. lathrop. ca. us
Due to the global pandemic, the supply chain for IT products has been severely constrained. Please note that vendors are not allowing for cancellations on orders, even when the delivery time is severely impacted. We appreciate your patience as we navigate these circumstances.
Al work performed is bound by the terms and conditions set forth in our current Master Services Agreement. Taxes, shipping. handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.
Solid Networks
Signature:
Name: Mark Ricci
242— k_ed‘&,
Title: Account Manager
Date:
City of Lathrop
Signature:
Name:
Title:
Date:
Emily Malay
Accounts Payable
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The Offske Staging & Configuration Agreement (" Agreement") is entered into upon approval of the Solid Networks Quote between (Quote listed customer Client") and Sold Networks ( SNf).
Client wishes to purchase equipment from SNI which will be held. staged, or configured at a location other than the client premises.
The parties therefore enter into this agreement, on the following terms and conditions:
A. Provisions Related to Equipment Purchases.
1. Transfer of Title
All equipment purchased by client hereunder shall be deemed to have been delivered and Utle shall transfer to Client when received at the offsite location. The otiste location may be an office location of Client or a staging facility as indicated in the SHIP -TO location of the agreement.
2. Invoicing
Client may be invoiced for the equipment upon delivery to the offsite location.
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767 Attachment D
SERVICE CONTRACT BETWEEN THE CITY OF LATHROP AND
SOLID NETWORKS, INC.
PROVIDE EQUIPMENT AND DEPLOYMENT OF DATA CENTER
INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT
EVIDENCE BUILDING CIP GG 21- 13
THIS SERVICE CONTRACT ( hereinafter "Contract") is made on May Ito , 2024, by and between the City of Lathrop, a municipal corporation of the State of California ( hereinafter " City") and Solid Networks, Inc. (hereinafter " Contractor"), whose Taxpayer Identification Number is 62- 1782197 .
For and in consideration of the following covenants, terms and conditions, City and Contractor ( the parties) agree:
SCOPE OF WORK
Contractor agrees to provide the equipment and deployment of data center infrastructure in accordance with the scope of work and fee proposal provided by the Contractor, attached hereto as Exhibit " A" and incorporated herein by reference.
Contractor agrees to diligently perform these services in accordance with the upmost standards of its profession and to City' ssatisfaction.
CONTRACT PRICE
The City agrees to pay and the Contractor agrees to accept, in full payment for the work above agreed to be done based on time and materials basis not to exceed 55,28. 24 set forth in Exhibit " A", for the equipment and deployment of data center infrastructure for the Lathrop Police Department Evidence Building.
TIME FOR PERFORMANCE
The Contractor shall commence work within five ( 5) working days of the Notice to Proceed, and diligently prosecute the work to completion until December 31, 2024.
PERMITS; COMPLIANCE WITH LAW
The Contractor shall, at its expense, obtain all necessary permits, licenses, easements, etc., for the construction of the project, give necessary notices, pay all fees required by law, and comply with all laws, ordinances, rules and regulations relating to the work and to the preservation of the public health and safety.
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
INSPECTION BY CITY
The Contractor shall at all times maintain proper facilities and provide safe access for inspection by the City to all parts of the work, and to the shops wherein the work is in preparation. Where the Specifications require work to be specially tested or approved, it shall not be tested or covered up without timely, written approval by the City.
Should any such work be covered up without such notice, approval, or consent, it must, if required by City, be uncovered for examination at the Contractor' s expense.
NOTICE
Any notice from one party to the other under the Contract shall be in writing and shall be dated and signed by the party giving such notice or by a duly authorized representative of such party. Any such notice shall not be effective for any purpose whatsoever unless served in the following manner.
a) If the notice is given to the City, by personal delivery thereof to the City' s Director of Public Works, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the City' s Director of Public Works, postage prepaid and certified;
b) If the notice is given to the Contractor, by personal delivery thereof to said Contractor or to its duly authorized representative at the site of the project, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to the Contractor at the address set forth in the Contractor' sBid postage prepaid and certified; or
c) If the notice is given to the surety or any other person, by personal delivery to such surety or other person, or by depositing the same in the United States mail, enclosed in a sealed envelope, addressed to such surety or other person, as the case may be, at the address of such surety or person last communicated by it to the party giving the notice, postage prepaid and certified.
ACCIDENT PREVENTION
Precaution shall be exercised at all times for the protection of persons ( including employees) and property. The safety provisions of applicable laws, building and construction codes shall be observed. Machinery, equipment, and other hazards shall be guarded or eliminated in accordance with the safety provisions of the Construction Safety Orders issued by the Occupational Safety and Health Standards Board of the State of California.
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
CONTRACTOR' S WARRANTY
The City shall not, in any way or manner, be answerable or suffer loss, damage, expense or liability for any loss or damage that may happen to said building, work, or equipment or any part thereof, or in, on, or about the same during its construction and before acceptance. Contractor unqualifiedly warrants all work and materials to be free of defects whether performed or installed by it or by any subcontractor or supplier in the project which is the subject of this Contract.
APPRENTICES
a) The Contractor' sattention is directed to the provisions of Sections 1777. 5, 1777. 6, and 1777. 7of the California Labor Code concerning employment of apprentices by the Contractor or any subcontractor under him. In addition, Contractor shall obtain a certificate of apprenticeship before employing any apprentice pursuant to Sections 1777. 5, 1777. 6and 1777. 7 of the California Labor Code.
b) Information relative to apprenticeship standards, wage schedules, and other requirements may be obtained from the Director of Industrial Relations, ex officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of Apprenticeship Standards and its branch offices.
c) Knowing violations of Section 1777. 5 will result in forfeiture not to exceed one hundred dollars ($ 100) for each calendar day of non- compliance pursuant to Section 1777. 7.
HOURS OF WORK
Eight ( 8) hours of work in any calendar day shall constitute alegal day' s work. The
Contractor and each subcontractor shall forfeit, as penalty to the City, twenty- fivedollars 25) for each worker employed in the execution of work on the Project by the Contractor or any subcontractor under him for each calendar day during which such worker is required or permitted to work more than eight ( 8) hours in any one calendar day and forty 40) hours in any calendar week in violation of the provisions of the Labor Code, and in particular, Section 1810 to Section 1815, thereof, inclusive, except that work performed by employees of the Contractor and his subcontractors in excess of eight hours per day at not less than one and one half times the basic rate of pay, as provided in Labor Code section 1815.
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D9868AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
PAYROLL RECORDS
Pursuant to Labor Code section 1776, as amended from time to time, the Contractor and each subcontractor shall keep records showing the name, address, social security number, work classification, straight time and overtime hours paid each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker or other employee employed by him or her in connection with the work.
The certified payroll records shall be on forms provided by the Division of Labor Standards Enforcement or shall contain the same information as the forms provided by the Division. The payroll records shall be certified and shall be available for inspection at all reasonable hours at the principal office of the Contractor on the following basis:
a) A certified copy of the employee' spayroll records shall be made available for inspection or furnished to such employee or his or her authorized representative on request.
b) A certified copy of all payroll records shall be made available for inspection or furnished upon request, or as required by Labor Code section 1771. 7to the City, the Division of Labor Standards Enforcement and the Division of Apprenticeship Standards of the Department of Industrial Relations. c) A certified copy of all payroll records shall be made available upon request to the public for inspection or copies thereof made; provided, however, that if request by the public shall be made through either the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, if as requested, payroll records have been provided pursuant to paragraph ( b), the requesting party shall, prior to being provided the records, reimburse the cost of preparation by the Contractor, subcontractors and the entity through which the request was made. The public shall not be given access to such records at the principal office of the Contractor.
The Contractor shall file a certified copy of the payroll records with the entity that requested such records within ten ( 10) calendar days after receipt of a written request.
Any copy of records made available for inspection as copies and furnished upon request to the public or the City, the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, shall be marked or obliterated in such a manner as to prevent disclosure of an individual' sname, address, and social security number. The name and address of the Contractor or any subcontractor performing work on the Project shall not be marked or obliterated.
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
The Contractor shall inform the City of the location of the payroll records, including the street address, city and county, and shall, within five ( 5) calendar days, provide a notice of a change of location and address.
In the event of noncompliance with the requirements of this section, the Contractor shall have ten ( 10) calendar days in which to comply subsequent to receipt of written notice specifying in what respects the Contractor must comply with this section. Should noncompliance still be evident after such ten ( 10) calendar day period, the Contractor shall, as a penalty to the City, forfeit twenty- five dollars ($ 25) for each calendar day, or portion thereof, for each worker until strict compliance is effectuated.
Upon the request of the Division of Labor Standards Enforcement, such penalties shall be withheld from payments due Contractor.
PREVAILING WAGES
a) The Contractor is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., as well as California Code of Regulations, Title 8, section 16000 et seq. ("Prevailing Wage Laws") which require the payment of prevailing wage rates and the performance of other requirements on certain " public works" and " maintenance" projects. Since this Contract involves an applicable "public works" or " maintenance" project, as defined by the Prevailing Wage Laws, and since the total compensation is $ 1, 000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. The Contractor shall obtain a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors from the website of the Division of Labor Statistics and Research of the Department of Industrial Relations located at
http:// www. dir. ca. aov/ dlsr/ PWD/ index. htm. In the alternative, the City shall provide Contractor with a copy of the prevailing rates of per diem wages applicable to the work to be performed by subcontractors. Contractor shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to perform work on the Project available to interested parties upon request, and shall post copies at the Contractor' sprincipal place of business and at the Project site.
Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or allege failure to comply with the Prevailing Wage Laws.
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
b) The Contractor and each subcontractor shall forfeit as a penalty to the City not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the stipulated prevailing rate for any work done by him, or by any subcontract under him, in violation of the provisions of the California Labor Code. The difference between such stipulated prevailing wage rate and the amount paid to each worker for each calendar day or portion thereof for which each worker was paid less than the stipulated prevailing wage rate shall be paid to each worker by the Contractor.
INSURANCE
On or before beginning any of the services or work called for by any term of this Agreement, CONTRACTOR, at its own cost and expense, shall carry, maintain for the duration of the Agreement, and provide proof thereof that is acceptable to the CITY the insurance specified in subsections ( a) through ( c) below with insurers and under forms of insurance satisfactory in all respects to the CITY.
CONTRACTOR shall not allow any subcontractor to commence work on any subcontract until all insurance required of the CONTRACTOR has also been obtained for the subcontractor. Verification of this insurance shall be submitted and made part of this Agreement prior to execution.
a) Workers' Compensation. CONTRACTOR shall, at
CONTRACTOR' Ssole cost and expense, maintain Statutory
Workers' Compensation Insurance and Employer' s Liability Insurance for any and all persons employed directly or indirectly by CONTRACTOR. Said Statutory Workers' Compensation Insurance and Employer' sLiability Insurance shall be provided with limits of not less than one million dollars ($ 1, 000,0). In the alternative, CONTRACTOR may rely on a self- insurance program to meet these requirements provided that the program of self- insurance complies fully with the provisions of the California Labor Code. The insurer, if insurance is provided, or the CONTRACTOR, if a program of selfinsurance is provided, shall waive all rights of subrogation against the CITY for loss arising from work performed under this Agreement. b) Commercial General and Automobile Liability Insurance.
CONTRACTOR, at CONTRACTOR' Sown cost and expense, shall maintain commercial general and automobile liability insurance for the period covered by this Agreement in an amount not less than one million dollars per occurrence ($ 1, 000,0), combined single limit coverage for risks associated with the work contemplated by this Agreement. If Commercial General Liability Insurance or an
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit.
Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non -owned automobiles.
Coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 ( ed. 11/ 88) and Insurance Services Office Automobile Liability form CA 0001 ed. 12/ 90) Code 1 ( any auto).
Each of the following shall be included in the insurance coverage or added as an endorsement to the policy:
i) CITY, its officers, employees, and volunteers are to be covered as insured with respect to each of the following:
liability arising out of activities performed by or on behalf of CONTRACTOR, products and completed operations of
CONTRACTOR; premises owned, occupied or used by
CONTRACTOR. The coverage shall contain no special
limitations on the scope of protection afforded to CITY, its officers, employees, agents, or volunteers.
ii) The insurance shall cover on an occurrence or an accident basis, and not on a claim made basis.
iii) An endorsement must state that coverage is primary insurance and that no other insurance affected by the CITY will be called upon to contribute to a loss under the coverage. iv) Any failure of CONTRACTOR to comply with reporting
provisions of the policy shall not affect coverage provided to CITY and its officers, employees, agents, and volunteers. v) Insurance is to be placed with California -admitted insurers with a Best' srating of no less than A: VII.
vi) Notice of cancellation or non -renewal must be received by CITY at least thirty days prior to such change.
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
c) Deductibles and Self -Insured Retentions. CONTRACTOR shall disclose the self -insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement.
During the period covered by this Agreement, upon express written authorization of CITY Manager, CONTRACTOR may increase such deductibles or self -insured retentions with respect to CITY, its officers, employees, agents, and volunteers. The CITY Manager may condition approval of an increase in deductible or self -insured retention levels upon a requirement that CONTRACTOR procure a bond guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them.
d) Notice of Reduction in Coverage. In the event that any coverage required under subsections ( a), (b), or ( c) of this section of the Agreement is reduced, limited, or materially affected in any other manner, CONTRACTOR shall provide written notice to CITY at CONTRACTOR' Searliest possible opportunity and in no case later than five days after CONTRACTOR is notified of the change in coverage.
e) In addition to any other remedies CITY may have if CONTRACTOR fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, CITY may, at its sole option:
1) Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
ii) Order CONTRACTOR to stop work under this Agreement or withhold any payment which becomes due to CONTRACTOR
hereunder, or both stop work and withhold any payment, until CONTRACTOR demonstrates compliance with the
requirements hereof;
iii) Terminate this Agreement.
Exercise of any of the above remedies, however, is an alternative to other remedies CITY may have and is not the exclusive remedy for CONTRACTOR' Sbreach.
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
INDEMNIFICATION
Contractor agrees to protect, defend, indemnify and hold City, its City Council members, officers, employees, engineer, and consultants harmless from and against any and all claims, demands, liabilities, losses, damages, costs, expenses, liens, penalties, suits, or judgments, arising in whole or in part, directly or indirectly, at any time from any injury to or death of persons or damage to property as a result of the willful or negligent act or omission of Contractor, or which results from Contractor' s noncompliance with any
Law respecting the condition, use, occupation or safety of the Project site, or any part thereof, or which arises from Contractor' sfailure to do anything required under this Contract or for doing anything which Contractor is required not to do under this Contract, or which arises from conduct for which any Law imposes strict liability on Contractor in the performance of or failure to perform the terms and conditions of this Contract, except as may arise from the sole willful or negligent act or omission of City or any of its City Council members, officers, employees.
This indemnification shall extend to any and all claims, demands, or liens made or filed by reason of any construction, renovation, or remodeling work performed by Contractor under this Contract at any time during the term of this Contract, or arising thereafter.
SEVERABILITY
Nothing contained in the Contract shall be construed so as to require the commission of any act contrary to law. Should a conflict arise between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no legal right to contract or act, the latter shall prevail and the provision of this Contract which is affected shall be curtailed and limited but only to the extent necessary to bring it within the requirements of the law. If such curtailment or limitation is not possible, the affected provision shall be of no force and effect. Except as aforesaid, such illegality shall not affect the validity of this Contract.
COMPLETE AGREEMENT
This Contract supersedes any and all agreements, either oral or in writing, between the Parties with respect to the subject matter herein. Each party to this Contract acknowledges that no representation by any party which is not embodied herein or any other agreement, statement, or promise not contained in this Contract shall be valid and binding.
DocuSign Envelope 10: 5B7235F9- 80A7- 48c9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
INTERPRETATION
a) The parties hereto acknowledge and agree that each has been given the opportunity to independently review this Contract with legal counsel, and/ or has the requisite experience and sophistication to understand, interpret and agree to the particular language of the provisions of the Contract. b) In the event of a controversy or dispute between the parties concerning the provisions herein, this document shall be interpreted according to the provisions herein and no presumption shall arise concerning the draftsmanship of such provision.
APPLICABLE LAW
a) The parties hereto understand and agree that the terms of this Contract, and its Exhibits, have been negotiated and executed within the State of California and shall be governed by and construed under the laws of the State of California.
b) In the event of a dispute concerning the terms of this Contract, the parties hereto expressly agree that the venue for any legal action shall be with the appropriate court in the County of San Joaquin, State of California.
SIGNATURES
The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the CONSULTANT and the CITY. This agreement shall inure to the benefit of and be binding upon the parties hereto and their respective successors and assigns.
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767
SERVICE CONTRACT
SOLID NETWORKS, INC. TO PROVIDE EQUIPMENT AND DEPLOYMENT OF
DATA CENTER INFRASTRUCTURE FOR THE LATHROP POLICE DEPARTMENT EVIDENCE BUILDING CIP GG 21- 13
Approved as to Form: City of Lathrop
City Attorney
Salvador Navarrete Date
Recommended for Approval: City of Lathrop
rpoeuSigned
by:
FulA * A. JLS 5// 2024
1C2nnrfiain e79
Tony Fernandes
Director of Information Services
Approved by:
Contractor:
City of Lathrop
Stephen J. Salvatore
City Manager
Solid Networks, Inc.
5686 Pirrone Road
Salida, CA 95368
Fed ID # 62- 1782197
Business License # 20058
DDouSigned by:
LI
Signature
Christina Robinson
Date
S-! o•Zat
Date
alsf vo, P41(,, Sbin. 4/ 29/024
raareaa11oaaen,
Date
Procurement
Print Name and Title
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767 SolidNetworks
4.. Solid Networks
Mark Ricci
1. 209. 338. 1424
Mark. Ricci@SolidNetworks. com
Technology
Simplified
Lathrop PD Evidence Datacenter Infrastructure
Emily Malay
Emalay@ci. lathrop. ca. us
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767 SolidNetworks
Hardware Price Qty Ext. Price
22, 735. 00
413. 00
4, 574. 00
816. 00
1 2
1 1
22, 735. 00
826. 00
4, 574. 00
816. 00
2, 614. 00
132. 00
257. 00
611. 00
296. 00
37. 00
2 2
1 1
4 2
5, 228. 00
264. 00
257. 00
611. 00
1,84. 00
74. 00
2, 762. 00
217. 00
95. 00
1, 854. 00
2 2
2 1
5,24. 00
434. 00
190. 00
1, 854. 00
167. 00
165. 00
692. 00
106. 00
2 2
3 4
334. 00
330. 00
2, 076.0
424. 00
Subtotal:!; 47, 735: 00
Services Price Qty Ext. Price
SNI- PS Professional Engineering Services - Lathrop PD Evidence Building Infrastructure Deployment Services
3, 850. 0 1 3, 850. 0
Subtotal. = $ 3, 850. 0
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767 SolidNetworks
Statement of Work
Project Coordination
SNI will assign a project coordinator to manage timelines, project calls, SNI service resources, and client expectations, including:
Coordination and communications with client' spersonnel.
Coordination, supervision, and scheduling of SNI service resources.
Scheduling of regular project status meetings and calls as required. 3rd -party vendor coordination, planning and scheduling ( if required).
Project closure, including providing final documentation, closure meeting and project sign -off.
High - Level Project Scope
The SNI service team, in cooperation with City of Lathrop IT, will perform the following tasks:
Perform the final discovery, determine the order of operation, develop a project plan and timeline for the successful Lathrop PD Evidence Building server room infrastructure deployment.
Work closely with Lathrop internal IT to validate the final design, final acceptance plan.
Select prospective installation dates with Lathrop IT and develop the installation timeline.
Procure the hardware outlined within the bill of materials and deliver to Lathrop PD location ( TBD).
Work with Lathrop IT to inventory and inspect new hardware as it arrives onsite. as well as the
a I a e a a project tasks are complete prior to closing the project.
City of Lathrop Project Responsibilities
Designate a primary project lead to facilitate communications and processes.
Designate a primary contact for any potential scope change requirements. Any potential scope change requests must be validated by these specified contact( s).
Provide adequate workspace and network connectivity for on -site SNI engineering resource requirements.
Make available an employee when needed to assist SNI and provide physical and/ orremote access to client facilities.
Provide security access to the PD Evidence Building when required Provide all network information and access required for the successful completion of this project.
Adhere to installation schedules with SNI project team. Any significant deviation in the project timeline could result in the delay to project completion and potential project change -orders.
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767 J
SolidNet works
Lathrop PD Evidence Datacenter Infrastructure
Quote #:
Version: 1 Updated: 04/ 11/ 2024
Prepared by:
Solid Networks
Mark Ricci
1. 209. 338. 1424
Mark. Ricci@SolidNetworks. com
Quote Summary
Expiration Date: 05/ 11/ 2024
Prepared for:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Emily Malay
209) 941- 7345
Emalay@ci. lathrop. ca. us
Ship To:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Emily Malay
209) 941- 7345
Emalay@ci. lathrop. ca. us
Due to the global pandemic, the supply chain for IT products has been severely constrained. Please note that vendors are not allowing for cancellations on orders, even when the delivery time is severely impacted. We appreciate your patience as we navigate these circumstances.
All work performed is bound by the terms and conditions set forth in our current Master Services Agreement. Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.
Solid Networks
Signature:
Name: Mark Ricci
Title: Account Manager
Date:
City of Lathrop
Signature:
Name:
Title:
Date:
Emily Malay
Accounts Payable
DocuSign Envelope ID: 5B7235F9- 80A7- 48C9- 974F- D98B8AD52767 S011t l tIQks
OFFSIDE STAGING & CONFIGURATION AGREEMENT FOR QUOTE#
The Offsite Staging & Configuration Agreement (" Agreement") is entered into upon approval of the Solid Networks Quote between (Quote listed customer Client") and Solid Networks ISNI].
Client wishes to purchase equipment from SNI which will be held, staged, or configured at a location other than the client premises.
The parties therefore enter into this agreement, on the following terms and conditions:
A. Provisions Related to Equipment Purchases.
1. Transfer of Title
All equipment purchased by client hereunder shall be deemed to have been delivered and title shall transfer to Client when received at the offsite location. The offsite location may be an office location of Client or a staging facility as indicated in the SHIP -TO location of the agreement.
2. Invoicing
Client may be invoiced for the equipment upon delivery to the offsite location.
DocuSign Envelope ID: F34B02E5- 9636- 4519- BE1B- ED908E456C7B Attachment E
igk4* R__
The parties to this agreement
are:
Vendor No. 1295
Solid Networks, Inc
P. O. Box 613
G
OAKDALE, CA 95361
9,
W 390 Towne Centre Dr
Lathrop, CA 95330
1 0
ti) 390 Towne Centre Dr
D Lathrop, CA 95330
0 Purchase Order
No. 2024- 00000837
Date 5/ 15/ 2024
Resolution
PURCHASE ORDER NUMBER MUST
APPEAR ON ALL INVOICES, SHIPPERS, BILL
OF LADING AND CORRESPONDENCE
DELIVER BY
SHIP VIA
FREIGHT TERMS
PAGE 1 of 3
ORIGINATOR Emily Malay
2. 00
2. 00
2. 00
2. 00
2. 00
2. 00
1. 00
EACH
EACH
EACH
EACH
EACH
EACH
EACH Tax
29, 071.000 $ 58, 142. 00
1, 829. 0000 $ 3. 658. 00
545. 0000 $ 1, 090.
5, 190. 0000 $ 10, 380. 0
12, 304. 0000 $ 24, 608. 00
2, 675. 0000 $ 5, 350. 0
7, 560. 9200 $ 7, 560. 92
The contractor agrees to fumish all labor, equipment and materials necessary to perform the services describe herein and agrees to comply with the terms and conditions identified below which are made a part hereof by this reference ( Outline exact detail what is to be done, where is to be done and include work specifications, if applicable.)
oocuSibned by:
CITY OF LATHROP
RECOMMENDED FOR APPROVAL
5/ 16/ 2024
DATE
5. CITY OF LATHROP
APPROVED BY
Special Instructions
DATE
DocuSignedby
Csti w
sww w.. 11w._ K...
VENDOR ( Signature)
APPROVED BY
110. 788. 92
5/ 16/ 2024
Chri stina Robinson
DATE
5/ 16/ 2024
VENDOR ( Print Name)
APPROVED BY DATE
Video Server for the Lathrop Police Department Evidence Building CIP GG 21- 13
DocuSign Envelope ID: F34802E5- 9B36- 4519- BE1 B- ED908E456C7B
STANDARD PURCHASE ORDER
TERMS AND CONDITIONS
1 ACCEPTANCE. Acceptance of this Purchase Order. whether by written acknowledgement or by performance by Seller, shall be upon the terms and conditions 6aeof; no other terms or conditions shall be binding on Buyer unless written approval thereof specifically refenmg to such other tams and conditions shall have been green to Seller. 2 INVOICES. Separate invoice shall be supplied for each Purchase Order shipment Each invoice shall be itemized and shall show Contract Number, tams. discamts, date of shipment or service dates, and Purchase Order Mamba. Failure to show said items may result in delay of payment with all rights reserved, including cash discasrus. The Vendor name on this Purchase Order resulted from a quotation signed m the same name. Payment will not be made to a firm name other than that shown on the face hereofwithout written asagmmnu.
3. PAYMENT TERMS. Seller shall receive payment either by One -Time payment ( Lump Sum), Monthly or Quarterly ITEMIZED INVOICE. All payments are m wears.
4. ORDER CHANGES_ The Buyer shall have the right from time to time by written notices to make changes in quantities armor delivery dates of any article, material, or services covered by this Purchase Order prior to the time the item or items are actually placed into final production by the Seller. If such changes are made after the article. material, or services are placed into final production by the Sella and such changes cane a substantial increase or decrease m Seller' s performance will be made and this ceder will be modified m writing accordingly, provided that any claim for adjustment must be assorted by the Seller within a ressoaabk time (in no case to exceed twenty days) after tehe change is ordered
5 - SHIPPING. Seller will indicate plainly the Purchase Order Number an all bilk of lading. all goods shipped pursuant to said order. and on all invoices, freight bills, and packages. Each package rust contain a memorandum showing Seller' sname. contents of package. and Purchase Order Nnmba.
Shipments of goods specified on this Purchase Order number should result in lowest possible freight rate unless otherwise specified by Buyer. Penalties or increased charges due to failure to observe this provision will be charged to Sella.
Shipping costs for goods on back order shall be paid only at the rate which would have been applicable had the complete order been shipped at one time. All excess costs shall be borne by Seller. Partial shipments mast be identified as such an shipping memoranda and invoices.
When shipping. Sella will make no declaration of value to tamed. except where shipment is subject to released value ratings Any material supplied to City which are covered by the OSHA Hazard Comammtcation Standard rust be accompanied by the applicable Material Safety Data Sheet ( MSDS) at the time of debvery.
6. DELIVERY. Unless otherwise expressly provided. Seller shall dehver all articles to Buyer' s premises, free of all freight handling. transportation, drayage, boring and si nilar charges. All times in this contract are of the essence.
1. TERMINATION. Buyer may terminate all or part ofthis contract with or without cause. Ifbuyer terminates without cause. then Buyer shall pay all reasonable termination charges incurred by Seller
8. DECLINE IN PRICES. Buyer shall be protected in the event of declining prices on the undelivered portion of this Purchase Order. If prices decline got items ordered, Seller may elect to meet priced reductions or other vendors, or is own lower prices b other purchasers but ifStile should refuse to do so. Buyer shall haw the right to cancel any or all of the balance due on this Purchase Order without cost to Buyer.
9. FORCE MAJEURE. Neither Seller nor Buyer shall be hable for nanperfosmtnce due to causes beyond reasonable control, Where only a part of Sella' s
capacity to perfomu is excused mkt this paragraph. Seller must allocated production and deliveries among the various customers then under contract for similar goods fitting the period The allocation must be made m a flair and equitable manner. Where either Seller or Buyer claims an excuse for nonperformance under this paragraph. it mast gRe notice in writing to the other party.. Seller shall not be obligated to sell, nor Buyer obligated to purchase, at a later date. that parka of the goods that Selma is unable to d ehver or Buyer is unable to receive or use due to any accused cause. No goods are to be tendered by Seller after the expiration of the terms specified in this Purchase Order without consent ofBuyer.
10. WARRANTY. Seller warrants that all articles and services covered by this Purchase Order will conform to thawings. specifications. or samples and will be merchantable and of good material, design and workmanship, free ftom all defects, and sumbk for the use attended.
All articles will be subject to Buyer' sinspection and rejection at the place of delivery. Defective articles may be retuned to the Seller for full credit or replacement at the Seller' srisk and expense. insludmg transportation charges both ways, but no defective articles shall be replaced without formal replacement order signed by the Buyer
11. ASSIGNMENT. Neither patty shall assign or transfer this Purchase Order without the written consent of the other
12. INDEMNITY. SELLER WARRANTS THAT GOODS FURNISHED UNDER THIS PURCHASE ORDER DO NOT INFRINGE ANY PATENT. TRADEMARK, OR TRADE NAME, OR COPYRIGHT AND AGREES TO INDEXINIFY AND SAVE
HARMLESS BUYER OR ITS VENDEES FROM AM AND ALL CLAIMS, SUITS, LIABILITIES, DAMAGES, LOSSES, OR
MENSES INCURRED BY BUYER OR ITS VENDEES BY RL SON OF ANY ALLEGED INFRINGEMENT OF ANY SUCH RIGHTS
DocuSign Envelope ID: F34B02E5- 9B36- 4519- BE1B- ED908E456C7B PAGE 3 OF 3
SELLER SHALL INDEIILNIFY AID HOLD HARMLESS BUYER AND ITS AGENTS AND EMPLOYEES FROM AN AGALYST ALL CLAIMS, DAMAGES, LOSSES AND EXPENSES, INCLUDLYG ATTORNEY' SFEES, ARISING 017 OF OR
RESULTLYG FROM THE PERFORMANCE OF THE WORK CAUSED BY ANY NEGLIGENT ACT OR OMISSION OF SELLER, ANY SUBCONTRACTOR. OR ANYONE FOR WHOSE ACTS A, NY OF THEM MAY BE LIABLE. IN CASE OF CONCURRING FAULT, EACH PARTY SHALL BEAR ITS SHARE OF THE LOSS.
13. BUYER' SPROPERTY. Any property. of Buyer in Seller' sactive or ceastntchce possession or custody hereunder will be at Seller' snsk. and Seller agrees to reimburse Buyer for any loss or damage to such property however caused.
14. COMPLIANCE WITH APPLICABLE LAWS AND REGULATIONS. By acceptance hereof. Seller Warrants:
a) that all goods. merchandise, and materials delivered and services rendered hereunder will have been produced and provided in compliance with all requirements oftthe Fair Labor Standards Act of 1938, as amended and b) that all goods. materials, and equipment delivered hereunder shall comply with the applicable federal standards prescribed by the Occupational Safety and Health Act of 1970, or as amended c) that Seller will comply with all applicable laws, rules and regulations of federal, state and local governments and agenaes. thereof including but not limited to Executive Orders 11246. 11701. and section 503 ofPublic Law 93- 112. The Rehabilitation Act of 1973. the provisions of The Americans and Disabilities Act, Transient Employer Law ( 285.30 R S. Mo. et seq.) and Excessive Unemployment Law ( Section 290. 550 et seq R. S. Mo.) which are hereby incotpaated by reference, unless this Purchase Order is exempt pursuant to said Executive Orders, or Acts and the regulations issued thereunder.
15. WORKER' SCOMPENSATION, EMPLOYER' SLIABILITY. AND GENERAL LIABILITY When work is performed on Buyer' s premises, Seller agrees to carry at Seller' sown eape se. a) Wodcer' sCompensation and Employer' sLiability Insurance. b) General liability ( including Contractual Liability and Products LiabilityiCompleted Operations) Insurance and Auto Liability insurance each in amounts no less than S1, 000.00 per occmmce. Insurance certificates of such coverage shall be submitted to City Utilities' Risk Management upon request ofBuyer.
16. INSOLVENCY. If Seller shall become insolvent file a petition m bankruptcy. or shall make an assignment for the benefit of creditors. or if a receiver or trustee shall be appointed of or for any of Seller' s property or business. the Purchase Order may be cancelled at Buyer' s option without liability.
17. TANTS. Seller agrees to cooperate with Buyer m opposing the imposition of any tax an any article covered by this Purchase Order, the legahty ofwhich is questioned by Buyer, and in securing any abatement or any refund thereof sought by Buyer.
18. FOREIGN SHIPMENTS. Foreign shipments must be preceded by execution of formal Consular Invoice. At time of shipment Ocean Bills ofLading. Consular Invoice, and Commaciai Invoices. in triplicate. shall be forwarded directly to the Purchasing Agent issuing this Purchase Order.
19- VENUE. This Purchase Order shall be governed by the law ofthe State of California.
20. BRANDING. Sella warrants that all materials covered by this Purchase Order are no altered or misbranded within the meaning of the Federal Food, Drug and Cosmetic Act; not an snide with may not , under provisions ofSection 404 or 505 of said act, be introduced into interstate commerce. and not adulterated or misbranded within the meaning of 11* pyre food and drug laws or the ordinances of any state or city which are applicable to such shipment or delivery, and Seller bereby agrees to indemnify and save the Buyer harmless from and against all claims. charges. action and proceedings brought against Buyer by any lawfial government authority or by any person on account of any alleged adulteration or misbranding by Seller of any such material referred to above. Seller does no guarantee against any such material becoming adulterated or misbranded after delivery to Buyer by reason of causes beyond Seller' scontrol.
21. CONFLICTING TERMS. In case of a conflict between these terms and conditions and those of a separate written contract signed by both Buyer and Seller. the written contract shall prevail
22. REVIEW OF RECORDS. During the tam of the purchase order/ agreement and for three years thereafter. City of Lathrop ( City) shall have the right to review Seller' srecords, only for the purposes of verifying claims for payment and compliance with the tams and conditions ofthe purchase order/ agreement for at least three year after final payment
23. OFFSETTING BILLS City reserves the right to apply offsetting payments fa goods andnr services that are due against delnquent utility bills which are due City.
24 NON- EXCLUSIVE AGREEMENT The purchase order is a non- exclusive contract and City reserves the nght to purchase same or like materials and/ or services from other sources as City deems necessary and appropriate.
DocuSign Envelope ID: F34B02E5- 9B36- 4519- BE1B- ED908E456C7B SolidNetworks
Solid Networks
Mark Ricci
1. 209. 338. 1424
Mark. Ricci@SolidNetworks. com
Technology
Simplified
We have prepared a quote for you
Video Servers
Prepared for:
Tony Fernandes
tfernandes@ci. lathrop. ca. us
DocuSign Envelope ID: F34B02E5- 9B36- 4519- BE1B- ED908E456C7B JSolidNetworks
29. 071.0
1, 829. 00
545. 00
5, 190. 0
12, 304. 00
2 4
8 24
2 2
2 2
4 4
2 2
2 2
2 2
4 2
2 2
2 2
2 2
24 58, 142. 00
3, 658. 00
1, 090.
10, 380. 0
24, 608. 00
DocuSign Envelope ID: F34B02E5- 9B36- 4519- BE1B- ED908E456C7B SolidNetworks
Price Qty Ext. Price
4 4
2, 675. 00 2 5, 350. 0
Subtotal 1' 03, 228. 00
DocuSign Envelope ID: F34B02E5- 9B36- 4519- BE1B- ED908E456C7B SOlIdNetworks
Video Servers
Quote #:
Version: 1 Updated: 02/ 29/024
Prepared by:
Solid Networks
Mark Ricci
1. 209. 338. 1424
Mark. Ricci@SolidNetworks. com
Quote Summary
Description
Expiration Date: 03/ 31/ 2024
Prepared for:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Tony Fernandes
209) 941- 7200
tfernandes@ci. lathrop. ca. us
Ship To:
City of Lathrop
390 Towne Centre Drive
Lathrop, CA 95330
Tony Fernandes
209) 941- 7200
tfernandes@ci. lathrop. ca. us
Amount
103, 228. 00
Due to the global pandemic, the supply chain for IT products has been severely constrained. Please note that vendors are not allowing for cancellations on orders, even when the delivery time is severely impacted. We appreciate your patience as we navigate these circumstances.
All work performed is bound by the terms and conditions set forth in our current Master Services Agreement. Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors.
Solid Networks
Signature:
Name: Mark Ricci
Title: Account Manager
Date:
City of Lathrop
Signature:
Name:
Title:
Date:
Tony Fernandes
Information Technologies Manager
DocuSign Envelope ID: F34B02E5- 9B36- 4519- BE1B- ED908E456C7B SolidNetworks
OFFSITE STAGING CONFIGURATION AGREEMENT FOR QUOTE# w1
The Offsite Staging & Configuration Agreement (" Agreement") is entered into upon approval of the Solid Networks Quote between (Quote listed customer Client") and Solid Networks [ SNI].
Client wishes to purchase equipment from SNI which will be held, staged, or configured at a location other than the client premises.
The parties therefore enter into this agreement, on the following terms and conditions:
A. Provisions Related to Equipment Purchases.
1. Transfer of Title
All equipment purchased by client hereunder shall be deemed to have been delivered and title shall transfer to Client when received at the offsite location. The offsite location may be an office location of Client or a staging facility as indicated in the SHIP - TO location of the agreement.
2. Invoicing
Client may be invoiced for the equipment upon delivery to the offsite location.
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