1 �.���
1 .F"� AGENDA REPORT CityofPoway
\����Gj/ CITY COUNCIL
DATE:
TO:
FROM:
CONTACT:
SUBJECT:
Summary:
May 2, 2023
Honorable Mayor and Members of the City Cojcil
Eric Heidemann, Director of Public Works f.
Tim McDermott, Interim Director of Finance �
Brad Rosen, Assistant Director of Finance Operations f-/� (858) 668-4452 or [email protected]
Approval of Agreement Between the City of Poway and Convergint Technologies, LLC for the purchase and installation of an electronic security system at the Lester J.
Berglund Water Treatment Plant and Determination the Project is Categorically Exempt from the California Environmental Quality Act (CEQA) The City's current analog camera system at the Lester J. Berglund Water Treatment Plant has outlived it useful life. The electronic security system upgrade project involves the replacement of the existing security camera system and implementation of an enterprise level security control system. The proposed system will enhance visibility within and around the treatment plant to improve security and assist with operations of the site.
Recommended Action:
It is recommended the City Council award the contract for the Water Treatment Plant Security Upgrades project to Convergint Technologies,
LLC in the amount of $223,886.32 and authorize the
City Manager to execute the agreement (Attachment A) and related documents.
Discussion:
The Water Treatment Plant Security Upgrades project includes the replacement of an existing security camera system that monitors the Water Treatment Plant grounds. The existing camera system has outlived its useful life and the software that operates the system is no longer supported. The scope of this project includes removing existing security cameras and installing 21 new Axis cameras, conduit, network cabling, Hewlett Packard Enterprise (HPE) server/storage hardware, and HPE Aruba network equipment to support the expanded security system.
In addition to the new hardware and installation, the proposed system implements the Genetec Security Center unified security platform. The Genetec solution includes more efficient recording and 1 of 27
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May 2, 2023, Item #10
monitor ing capabilities and provides a platform for future expansion to other City facilities for video, access control and alarming. The platform provides for greater physical protection with real time event monitoring and advanced intelligence of the captured video. Additionally, the Genetec solution is utilized by the San Diego County Sheriffs Department and implementation within the City will facilitate the ability to provide secure access-controlled data to the Sheriff staff if needed.
The City is a. member of several cooperative purchasing organizations including Sourcewell, which establishes and provides nation-wide, competitively solicited purchasing contracts that can be utilized by member agencies, such as the City. For efficiency and optimal pricing, it is recommended that the City enter into an agreement with Convergint Technologies, LLC through the procurement agreement available through Sourcewell contract number 030421-CTL. Poway Municipal Code Section 3.28.11 O authorizes the City to participate in cooperative purchasing agreements as an economical alternative to the bidding process. Convergint Technologies has successfully completed similar security system projects with the San Diego County Sheriffs Department and the City of Vista.
Environmental Review:
The proposed replacement of security cameras to an existing facility is Categorically Exempt from the California Environmental Quality Act (CEQA) as a Class 1 Categorical Exemption, pursuant to Section 15301 (c) of the CEQA Guidelines, in that the project involves improvements to an existing facility with no expansion of use.
Fiscal Impact:
The cost of the electronic security system project is $223,886.32. In addition, a 10% contingency for unforeseen costs in the amount of $22,388.00 brings the total project budget to $246,274.32. There is sufficient funding available in the Water Treatment Plant Security Upgrades project account (WT038 - $89,602.08) and the Utility Systems Operations and Maintenance Security Enhancement Program (401060-43080 - $156,672.24) to fund the contract plus contingency.
Public Notification:
None.
Attachments:
A. Agreement with Convergint Technologies, LLC
Reviewed/Approved By:
Assistant City Manager
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Reviewed By:
Alan Fenstermacher
City Attorney
Approved By:
Ch~
City Manager
May 2, 2023, Item #10
City of Poway
STANDARD AGREEMENT FOR SERVICES
This Agreement, entered into this 3rd day of May, 2023, by and between the CITY OF POWAY (hereinafter referred to as "City") and Convergint Technologies LLC (hereinafter referred to as "Consultant").
RECITALS
WHEREAS, City desires to obtain the services of a private consultant to perform Electronic Security Implementation for the Water Treatment Plant Security Upgrades Project;
WHEREAS, Consultant is a technology and systems integrator consultant and has represented that Consultant possesses the necessary qualifications to provide such services; WHEREAS, City has authorized the preparation of an agreement to retain the services of Consultant as hereinafter set forth.
NOW, THEREFORE, IT IS MUTUALLY AGREED THAT CITY DOES HEREBY RETAIN CONSULTANT ON THE FOLLOWING TERMS AND CONDITIONS:
1. Scope of Services.
Consultant shall provide services as described in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
2. Compensation and Reimbursement.
City shall compensate and reimburse Consultant as provided in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
3. Term of Agreement.
The term of this Agreement shall be as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
4. Termination.
This Agreement may be terminated with or without cause by City. Termination without cause shall be effective only upon 60-day written notice to Consultant. During said 60- day period Consultant shall perform all consulting services in accordance with this Agreement.
This Agreement may be terminated by City for cause in the event of a material breach of this Agreement, misrepresentation by Consultant in connection with the formation of this Agreement or the performance of services, or the failure to perform services as directed by City. Termination for cause shall be effected by delivery of written notice of termination to Consultant. Such termination shall be effective upon delivery of said notice. 3 of27
1 ATTACHMENT A
May 2, 2023, Item #10
5. Confidential Relationship.
City may from time to time communicate to Consultant certain information to enable Consultant to effectively perform the services. Consultant shall treat all such information as confidential, whether or not so identified, and shall not disclose any part thereof without the prior written consent of the City. Consultant shall limit the use and circulation of such information, even within its own organization, to the extent necessary to perform the services. The foregoing obligation of this Paragraph 5, however, shall not apply to any part of the information that (i) has been disclosed in publicly available sources of information; (ii) is, through no fault of Consultant, hereafter disclosed in publicly available sources of information; (iii) is now in the possession of Consultant without any obligation of confidentiality; or (iv) has been or is hereafter rightfully disclosed to Consultant by a third party, but only to the extent that the use or disclosure thereof has been or is rightfully authorized by that third party.
Consultant shall not disclose any reports, recommendations, conclusions or other results of the services or the existence of the subject matter of this contract without the prior written consent of the City. In its performance hereunder, Consultant shall comply with all legal obligations it may now or hereafter have respecting the information or other property of any other person, firm or corporation.
6. Office Space and Clerical Support.
Consultant shall provide its own office space and clerical support at its sole cost and expense.
7. Covenant Against Contingent Fees.
Consultant declares that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of the Agreement. For breach of violation of this warranty, City shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee.
8. Ownership of Documents.
All memoranda, reports, plans, specifications, maps and other documents prepared or obtained under the terms of this Agreement shall be the property of City and shall be delivered to City by Consultant upon demand.
9. Conflict of Interest and Political Reform Act Obligations.
During the term of this Agreement Consultant shall not act as consultant or perform services of any kind for any person or entity whose interests conflict in any way with those of the City of Poway. Consultant shall at all times comply with the terms of the Political Reform Act and the local conflict of interest code. Consultant shall immediately disqualify itself and shall not use its official position to influence in any way any matter coming before the City in which the Consultant has a financial interest as defined in Government Code Section 87103. Consultant represents that it has no knowledge of any financial interests which would require it to disqualify itself from any matter on which it might perform services for the City. 4 of27 2
May 2, 2023, Item #10
"Consultant" means an individual who, pursuant to a contract with a state or local agency:
(A) Makes a governmental decision whether to:
1. Approve a rate, rule or regulation;
2. Adopt or enforce a law;
3. Issue, deny, suspend, or revoke any permit, license, application, certificate, approval, order, or similar authorization or entitlement;
4. Authorize the City to enter into, modify, or renew a contract provided it is the type of contract that requires City approval;
5. Grant City approval to a contract that requires City approval and to which the City is a party, or to the specifications for such a contract;
6. Grant City approval to a plan, design, report, study, or similar item;
7. Adopt, or grant City approval of, policies, standards, or guidelines for the City, or for any subdivision thereof; or
(B) Serves in a staff capacity with the City and in that capacity participates in making a governmental decision as defined in the Political Reform Act and/or implementing regulations promulgated by the Fair Political Practices Commission, or performs the same or substantially all the same duties for the City that would otherwise be performed by an individual holding a position specified in the City's Conflict of Interest Code.
DISCLOSURE DETERMINATION:
1:8] 1. Consultant/Contractor will not be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above.
No disclosure required.
D 2. Consultant/Contractor will be "making a government decision" or "serving in a staff capacity" as defined in Sections A and B above. As a result, Consultant/Contractor shall be required to file a Statement of Economic Interest with the City Clerk of the City of Poway in a timely manner as required by law.
Department Director
10. No Assignments.
Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which City, in its sole discretion, consents to in advance thereof in writing . Any assignment or subcontracting in violation of this provision shall be void.
11. Maintenance of Records.
Consultant shall maintain all books, documents, papers, employee time sheets, accounting records, and other evidence pertaining to costs incurred and shall make such materials available at its office at all reasonable times during the contract period and for three (3) 5 of27 3
May 2, 2023, Item #10
years from the date of final payment under this Agreement, for inspection by City and copies thereof shall be furnished, if requested.
12. Independent Contractor.
At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of the City of Poway. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement; however, City shall not have the right to control the means by which Consultant accomplishes such services.
13. Licenses, Permits, Etc.
Consultant represents and declares to City that it has all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession.
Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit, or approval which is legally required for Consultant to practice its profession.
14. Consultant's Insurance.
Consultant shall provide insurance as set forth in Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
15. Indemnification.
(a) For Claims (as defined herein) other than those alleged to arise from Consultant's negligent performance of professional services, City and its respective elected and appointed boards, officials, officers, agents, employees and volunteers (individually and collectively, "lndemnitees") shall have no liability to Consultant or any other person for, and Consultant shall indemnify, protect and hold harmless lndemnitees from and against, any and all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments, liens, levies, costs and expenses, including reasonable attorneys' fees and disbursements (collectively "Claims"), which lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of a or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise occurring as a result of Consultant's negligent performance under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees.
(b) For Claims alleged to arise from Consultant's negligent performance of professional services, lndemnitees shall have no liability to Consultant or any other person for, and Consultant shall indemnify and hold harmless lndemnitees from and against, any and all Claims that lndemnitees may suffer or incur or to which lndemnitees may become subject by reason of or arising out of any injury to or death of any person(s), damage to property, loss of use of property, economic loss or otherwise to the extent occurring as a result of Consultant's negligent performance of any professional services under this Agreement, or by the negligent or willful acts or omissions of Consultant, its agents, officers, directors, sub-consultants or employees, committed in performing any of professional services under this Agreement. For Claims alleged to arise from Consultant's professional services, Consultant's defense obligation to lndemnitees shall include only the reimbursement of reasonable defense costs and attorneys' fees to the extent caused by Consultant's negligence.
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May 2, 2023, Item #10
( c) The foregoing obligations of Consultant shall not apply to the extent that the Claims arise from the sole negligence or willful misconduct of City or its elected and appointed boards, officials, officers, agents, employees and volunteers . (d) In any and all Claims against City by any employees of the Consultant, anyone directly or indirectly employed by it or anyone for whose acts it may be liable, the indemnification obligation under this Section 15 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Consultant under worker's compensation acts, disability benefit acts or other employee benefit acts. (e) Consultant shall, upon receipt of written notice of any Claim, promptly take all action necessary to make a claim under any applicable insurance policy or policies Consultant is carrying and maintaining; however, if Consultant fails to take such action as is necessary to make a claim under any such insurance policy, Consultant shall reimburse City for any and all costs, charges, expenses, damages and liabilities incurred by City in making any claim on behalf of Consultant under any insurance policy or policies required pursuant to this Agreement. (f) The obligations described in Section 15(a) through (e) above shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person indemnified pursuant to this Section 15. (g) The rights and obligations of the parties described in this Section 15 shall survive the termination of this Agreement.
(h) TO THE FULLEST EXTENT ALLOWED BY LAW, NOTWITHSTANDING
ANYTHING IN THE AGREEMENT TO THE CONTRARY, IN NO EVENT SHALL EITHER
CONSULTANT OR CITY BE LIABLE TO THE OTHER PARTY HERETO OR TO ANY
INDEMNITEE FOR SPECIAL, INDIRECT, INCIDENTAL, LIQUIDATED OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO COMMERCIAL LOSS, LOSS OF USE OR
LOST PROFITS (WHETHER AS A DIRECT OR CONSEQUENTIAL DAMAGE), EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION
SET FORTH IN THIS SECTION SHALL APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT OR OTHER THEORY ."
16. Assumption of Risk.
Except for injuries to persons caused by the willful misconduct of any lndemnitee and not covered by insurance maintained, or required by this Agreement to be maintained, by Consultant:
(a) Consultant hereby assumes the risk of any and all injury and damage to the personnel (including death) and property of Consultant that occurs in the course of, or in connection with, the performance of Consultant's obligations under this Agreement, including but not limited to Consultant's Scope of Services; and (b) it is hereby agreed that the lndemnitees are not to be liable for injury or damage which may be sustained by the person, goods or property of Consultant or its employees in connection with Consultant's performance its obligations under this Agreement, including but not limited to Consultant's Scope of Services.
17. Consultant Not an Agent.
Except as City may specify in writing, Consultant shall have no authority, expressed or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, expressed or implied, pursuant to this Agreement to bind City to any obligation whatsoever.
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May 2, 2023, Item #10
18. Personnel.
Consultant shall assign qualified and certified personnel to perform requested services. The City shall have the right to review and disapprove personnel for assignment to Poway projects.
City shall have the unrestricted right to order the removal of any person(s) assigned by Consultant by giving oral or written notice to Consultant to such effect.
Consultant's personnel shall at all times comply with City's drug and alcohol policies then in effect.
19. Notices.
Notices shall be given as described on Exhibit "A" entitled "Special Provisions" attached hereto and made a part hereof.
20. Governing Law, Forum Selection and Attorneys' Fees.
This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. Each party to this Agreement consents to personal jurisdiction in San Diego County, California, and hereby authorizes and accepts service of process sufficient for personal jurisdiction by first class mail, registered or certified, postage prepaid, to its address for giving notice as set forth in Exhibit "A" hereto. Any action to enforce or interpret the terms or conditions of this Agreement shall be brought in the Superior Court in San Diego County, Central Division, unless the parties mutually agree to submit their dispute to arbitration. Consultant hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure section 394. The prevailing party in any such action or proceeding shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attorneys' fees, courts costs, arbitration costs, and any other fees.
Notwithstanding the foregoing, in the event that the subject of such an action is compensation claimed by Consultant in the event of termination, Consultant's damages shall be limited to compensation for the 60-day period for which Consultant would have been entitled to receive compensation if terminated without cause, and neither party shall be entitled to recover their litigation expenses.
21. Gender.
Whether referred to in the masculine, feminine, or as "it," "Consultant" shall mean the individual or corporate consultant and any and all employees of consultant providing services hereunder.
22. Counterparts.
This Agreement (and any amendments) may be executed in multiple counterparts, each of which shall be deemed an original, but all of which, together, shall constitute one and the same instrument. Documents delivered by telephonic facsimile transmission shall be valid and binding.
23. Entire Agreement.
May 2, 2023, Item #10
This Agreement shall constitute the entire understanding between Consultant and City relating to the terms and conditions of the services to be performed by Consultant. No agreements, representations or promises made by either party, whether oral or in writing, shall be of any force or effect unless it is in writing and executed by the party to be bound thereby.
24. Certification and Indemnification Regarding Public Employees' Retirement Law/Pension Reform Act of 2013.
Contractor hereby certifies that all persons providing services to City by Contractor are not current members of the California Public Employees' Retirement System (Cal PERS) and shall not become members of Cal PERS while providing services to City.
Contractor further provides that in the event Contractor assigns a retired annuitant receiving a pension benefit from CalPERS to perform services for City, the retired annuitant is in full compliance with Government Code section 7522.56. A copy of Government Code section 7522.56 is attached hereto as Exhibit "B."
Further, Contractor hereby fully and unconditionally indemnifies City from all penalties, fees, employer and employee contributions, or any other assessments imposed by CalPERS in the event CalPERS determines the person assigned by Contractor to provide services to City has been misclassified.
25. Severability.
If any provision of this Agreement is determined by any court of competent jurisdiction or arbitrator to be invalid, illegal, or unenforceable to any extent, that provision shall, if possible, be construed as though more narrowly drawn, if a narrower construction would avoid such invalidity, illegality, or unenforceability or, if that is not possible, such provision shall, to the extent of such invalidity, illegality, or unenforceability, be severed, and the remaining provisions of this Agreement shall remain in effect.
26. In the event that Consultant discovers or suspects the presence of hazardous materials at City's facility where the Work is to be performed, Consultant is entitled to stop the Work at that facility if such hazardous materials were not introduced to the site by Consultant.
Consultant in its sole discretion shall determine when it is "safe" to return to perform the Work at City's facility. Consultant shall have no responsibility for the discovery, presence, handling, removing, remediating or disposal of or exposure of persons to hazardous materials in any form at the City's facility . City shall indemnify and hold harmless Consultant from and against claims, damages, losses and expenses, including but not limited to, reasonable attorney's fees, arising out of or resulting from undisclosed hazardous materials at City's facility.
27. City acknowledges that Consultant is not collecting or processing any biometric information under this Agreement although the products (including embedded software) provided by Consultant are capable of collecting biometric information. City agrees and will comply with any and all applicable local, state or federal laws, ordinances, rules or regulations (collectively, "Laws") with respect to collecting biometric information using the products provided under this Agreement. City will defend, indemnify and hold Consultant harmless from and against any and all claims, suits, actions, legal proceedings, liabilities, damages, fines, fees, penalties, costs and expenses arising out of or relating to City's collection of biometric information. (Remainder of page intentionally left blank)
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May 2, 2023, Item #10
IN WITNESS WHEREOF, the parties hereto have duly executed this Agreement on the date first above written.
CITY OF POWAY
By: __________ _
Chris Hazeltine, City Manager
Date: ___________ _
ATTEST:
Carrie Gallagher, CMC, City Clerk
APPROVED AS TO FORM:
By: _____________ _
Alan Fenstermacher, City Attorney
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CONVERGINT TECHNOLOGIES, LLC
8 By:-----------
Zac Rose, General Manager
Date: ------------
May 2, 2023, Item #10
A.
"SPECIAL PROVISIONS"
EXHIBIT "A"
Scope of Services.
Consultant agrees to perform consulting services as required by City, which shall consist of the purchase or security cameras and software and installation services further described in the Scope of Services submitted with the proposal dated April 3, 2023, which is included in this document as Attachment 1, and incorporated by reference, as if its contents were fully set forth herein. Consultant shall provide the necessary qualified personnel to perform the services.
B. Compensation and Reimbursement.
City shall pay Consultant a fee in accordance with the fee proposal submitted with the proposals dated April 3, 2023, which are included in this document as Attachment 1. Total fee is not to exceed $223,886.32. Consultant's fee shall include and Consultant shall be responsible for the payment of all federal, state, and local taxes of any kind which are attributable to the compensation received.
C. Term of Agreement.
This Agreement shall be effective from the period commencing May 3, 2023, and ending December 31, 2024, unless sooner terminated by City as provided in the section of this Agreement entitled "Termination." This Agreement may be extended for up to two additional one year periods upon approval in writing of the City Manager and Consultant. Upon expiration or termination of this Agreement, Consultant shall return to City any and all equipment, documents or materials and all copies made thereof which Consultant received from City or produced for City for the purposes of this Agreement.
D. Consultant's Insurance.
1. Coverages:
Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive General Liability, including premises-operations, products/completed, broad form property damage, and blanket contractual liability with the following coverages: General Liability $1,000,000 Bodily Injury and Property Damage combined each occurrence and $2,000,000 aggregate.
(b) Automobile Liability, including owned, hired, and non-owned vehicles: $1,000,000 combined single limit.
(c) Consultant shall obtain and maintain, during the life of the Agreement, a policy of Professional Errors and Omissions Liability Insurance with policy limits of not less than $1,000,000 combined single limits, per claim and annual aggregate. 11 of 27 1
May 2, 2023, Item #10
(d) Workers' Compensation insurance in statutory amount. All of the endorsements which are required above shall be obtained for the policy of Workers' Compensation insurance.
2. Endorsements:
Endorsements shall be obtained so that each policy contains the following three provisions:
(a) Additional Insured. (Not required for Professional Errors and Omissions Liability Insurance or Workers' Compensation.) "City of Poway and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice.
"Said policy shall not terminate, nor shall it be canceled, until thirty (30) days after written notice is given to City."
(c) Primary Coverage.
"The policy provides primary coverage to City and its elected and appointed boards, officers, agents, and employees . It is not secondary or in any way subordinate to any other insurance or coverage maintained by City."
3. Insurance Certificates:
Consultant shall provide City certificates of insurance showing the insurance coverages described in the paragraphs above, in a form and content approved by City, prior to beginning work under this Agreement.
E. Notices.
All notices, billings and payments hereunder shall be in writing and sent to the following addresses:
To City:
To Consultant:
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City of Poway
P.O. Box 789
Poway, CA 92074
Jasper Bruinzeel
Convergint Technologies, LLC
7323 Engineer Rd
San Diego, CA 92111
With copy to:
[email protected]
May 2, 2023, Item #10
EXHIBIT "8"
Cal Gov Code§ 7522.56
Deering's California Codes are current through all 1016 chapters of the 2018 Regular Session and the November 6, 2018 Ballot Measures.
Deering's California Codes Annotated> GOVERNMENT CODE> Title 1 General> Division 7 Miscellaneous > Chapter 21 Public Pension and Retirement Plans > Article 4 California Public Employees' Pension Reform Act of 2013
§ 7522.56. Provisions applicable to person receiving pension benefit from public retirement system; Section supersedes conflicting provisions (a)This section shall apply to any person who is receiving a pension benefit from a public retirement system and shall supersede any other provision in conflict with this section. (b) A retired person shall not serve, be employed by, or be employed through a contract directly by, a public employer in the same public retirement system from which the retiree receives the benefit without reinstatement from retirement, except as permitted by this section.
(c) A person who retires from a public employer may serve without reinstatement from retirement or loss or interruption of benefits provided by the retirement system upon appointment by the appointing power of a public employer either during an emergency to prevent stoppage of public business or because the retired person has skills needed to perform work of limited duration.
(d)Appointments of the person authorized under this section shall not exceed a total for all employers in that public retirement system of 960 hours or other equivalent limit, in a calendar or fiscal year, depending on the administrator of the system. The rate of pay for the employment shall not be less than the minimum, nor exceed the maximum, paid by the employer to other employees performing comparable duties, divided by 173.333 to equal an hourly rate. A retired person whose employment without reinstatement is authorized by this section shall acquire no service credit or retirement rights under this section with respect to the employment unless he or she reinstates from retirement. (e)
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(l)Notwithstanding subdivision (c), any retired person shall not be eligible to serve or be employed by a public employer if, during the 12-month period prior to an appointment described in this section, the retired person received any unemployment insurance compensation arising out of prior employment subject to this section with May 2, 2023, Item #10
Cal Gov Code § 7522.56
a public employer. A retiree shall certify in writing to the employer upon accepting an offer of employment that he or she is in compliance with this requirement. (2)A retired person who accepts an appointment after receiving unemployment insurance compensation as described in this subdivision shall terminate that employment on the last day of the current pay period and shall not be eligible for reappointment subject to this section for a period of 12 months following the last day of employment.
(f)A retired person shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement unless he or she meets one of the following conditions:
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(l)The employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and the appointment has been approved by the governing body of the employer in a public meeting. The appointment may not be placed on a consent calendar. (2)
(A)Except as otherwise provided in this paragraph, for state employees, the state employer certifies the nature of the employment and that the appointment is necessary to fill a critically needed state employment position before 180 days have passed and the appointment has been approved by the Department of Human Resources . The department may establish a process to delegate appointing authority to individual state agencies, but shall audit the process to determine if abuses of the system occur. If necessary, the department may assume an agency's appointing authority for retired workers and may charge the department an appropriate amount for administering that authority. (B)For legislative employees, the Senate Committee on Rules or the Assembly Rules Committee certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar .
(C)For employees of the California State University, the Trustees of the California State University certifies the nature of the employment and that the appointment is necessary to fill a critically needed position before 180 days have passed and approves the appointment in a public meeting. The appointment may not be placed on a consent calendar.
(3)The retiree is eligible to participate in the Faculty Early Retirement Program pursuant to a collective bargaining agreement with the California State University that existed prior to January 1, 2013 , or has been included in subsequent agreements. (4)The retiree is a public safety officer or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter. 2 May 2, 2023, Item #10
Cal Gov Code § 7522.56
(g)A retired person who accepted a retirement incentive upon retirement shall not be eligible to be employed pursuant to this section for a period of 180 days following the date of retirement and subdivision (f) shall not apply.
(h)This section shall not apply to a person who is retired from the State Teachers' Retirement System, and who is subject to Section 24214, 24214.5 or 26812 of the Education Code.
(i)This section shall not apply to (I) a subordinate judicial officer whose position, upon retirement, is converted to a judgeship pursuant to Section 69615, and he or she returns to work in the converted position, and the employer is a trial court, or (2) a retiree of the Judges' Retirement System or the Judges' Retirement System II who is assigned to serve in a court pursuant to Section 68543.5.
History
Added Stats 2012 ch 296 § 15 (AB 340), effective January I, 2013. Amended Stats 2013 ch 528 § 11 (SB 13), effective October 4, 2013 (ch 528 prevails); ch 76 § 75 (AB 383), effective January I, 2013; Stats 2014 ch 238 § 1 (AB 2476), effective January I, 2015.
Annotations
Notes
Amendments:
Note--
Amendments:
2013 Amendment:
Substituted (I) "have passed" for "has passed" in the first sentence of subds (f)(I) and (f)(2); (2) "or firefighter hired to perform a function or functions regularly performed by a public safety officer or firefighter" for "of firefighter" in subd (f)( 4); and (3) "Judges' Retirement System" for "Judges' Retirement System I" in subd (i).
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May 2, 2023, Item #10
convergfnt
April 3, 2023
City of Poway
Poway City Hall
ATTACHMENT 1
7323 Engineer, San Diego, California 92111
Phone (760) 274-4214 Mobile (760) 274-4214
jasper [email protected]
Quotation: JB12519437P ·
RFP#:
13325 Civic Center Dr. Poway, California 92064
Attention: Brad Rosen
License/Cert C-10 - #986407
Reference: Camera System Upgrade - Genetec
On behalf of Convergint's global network of colleagues, I would like to personally thank you for providing Convergint 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 future.
Convergint's reputation for service excellence is backed by a foundational commitment to our core value of service, and we have been recognized as the #1 Systems Integrator by SOM Magazine. This recognition reflects the strong relationships Convergint has developed with the industry's top technology manufacturers, and our history of success with providing exceptional service to our customers.
Our guiding principle has always been to be our customers' best service provider. Our dedicated and certified team of professionals strives to uphold our customer-focused, service-based mission to make a daily difference for our customers. After achieving a successful on-time and on-budget project installation, Convergint will provide you with the industry's best ongoing service, including 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 trusting Convergint as your partner. 16 of27
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Scope of Work
• This project is for the City of Poway.
• Pricing is provided in compliance with Sourcewell Contract No: 030421-CTL • The project relates to the following location:
o Public Works: 14521 Lake Poway Rd, Poway, CA 92064
• A summary of the project scope is provided as follows:
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o Genetec software {and directory function) will be installed at a "VM" setup to be provided by the Customer and with proper network connection to the public works site.
o City of Poway - Public Works
■ There is an existing analog camera system. This project installs, as replacement, a new IP camera system instead with 21x new IP {Axis) cameras, based on the design depicted with the drawing and map below.
The project will install new IP cameras, and install new cabling, using existing conduit where such is currently available now. The existing system cameras will be removed.
■ The project will also install a new HP server {with 160TB of raw capacity, suggested to be configured in RAID6} with Genetec software, and function as system storage archiver for the video. The cameras connected to the archiver are 21x new IP cameras and 6x existing Axis cameras {network connection by the Customer).
■ Equipment racks, UPS, KVM, networking, fiber and network switches {PoE ports) are by the customer with the exception of the following:
• 2x 24-port Aruba switch based on customer specification, only for the part numbers and components as presented in the bill of materials
• lx wall cabinet to house one of the switches {design to be finalized after contract, for approval by the customer)
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• City of Poway Public Works - New Camera Installation Storage Calculation o See the calculations table below. This table is for reference and estimation purposes only. Settings will need to be optimized in the field, based on actual conditions and customer preferences, and actual values will depend on many factors.
o The storage approach provides for (1) 30 days of recording of video at highest possible resolution and a high frame rate and quality and (2) 365 days (1 year) minimum recording at a reduced resolution (CIF or 2 CIF or 4 CIF, or similar) and a reduced quality/ frame rate.
City of Poway - Public Works
i Camera Type Encoding Rate Storage/day (GB) I No. of Cameras IRetention (days)I Recording(%) I Storage (GB)j Dome Int 2MP H.264/5 2,000 kbps 20.60 0 30 40% 0
Dome Ext 2MP H.264/5 2,000 kbps 20.60 10 30 100% 6,180
Dome Ext 5MP H.264/5 5,000 kbps 51.50 1 30 100% 1,545
Fish-eye Int 6MP H.264/5 6,000 kbps 61.80 0 30 100% 0
Fish-eye Int 12MP H.264/5 10,000 kbps 103.00 0 30 100% 0 2-lens Int 2x5MP H.264/5 10,000 kbps 103.00 0 30 100% 0 4-lens Int 4x4M P H.264/5 12,000 kbps 123.60 8 30 100% 29,663 4-lens Ext 4x5MP H.264/5 16,000 kbps 164.79 0 30 100% 0 PlZ Ext 2MP H.264/5 2,000 kbps 20.60 8 30 100% 4,944
Multi-180 Int 8MP H.264/5 8,000 kbps 82.40 0 30 100% 0
Multi-180 Ext 8MP H.264/5 8,000 kbps 82.40 0 30 100% 0
Dual Int 2x2MP H.264/5 4,000 kbps 41.20 0 30 100% 0
H.264/5 0 kbps 0.00 0 30 100% 0
H.264/5 0 kbps 0.00 0 30 100% 0
j Totals Summary 27 42,332
j camera Type Encoding Rate Storage/day (GB) I No. of Cameras IRetention (days)I Recording(%) I Storage (GB)j Dome Int 2MP H.264/5 200 kbps 2.06 0 365 40% 0
Dome Ext 2MP H.264/5 200 kbps 2.06 10 365 100% 7,519
Dome Ext 5MP H.264/5 500 kbps 5.15 1 365 100% 1,880
Fish-eye Int 6MP H.264/5 600 kbps 6.18 0 365 100% 0
Fish-eye Int 12MP H.264/5 1,000 kbps 10.30 0 365 100% 0 2~ens Int 2x5MP H.264/5 1,000 kbps 10.30 0 365 100% 0
4~ens Int 4x4MP H.264/5 1,200 kbps 12.36 8 365 100% 36.090 4~ens Ext 4x5MP H.264/5 1,600 kbps 16.48 0 365 100% 0
PlZExt 2MP H.264/5 200 kbps 2.06 8 365 100% 6,015
Multi-180 Int BM P H.264/5 800 kbps 8.24 0 365 100% 0
Multi-180 Ext BMP H.264/5 800 kbps 8.24 0 365 100% 0
Dual Int 2x2MP H.264/5 400 kbps 4.12 0 365 100% 0
H.264/5 0 kbps 0.00 0 365 100% 0
H.264/5 0 kbps 0.00 0 365 100% 0
F otals Summary 27 51,504
Storage Estimate Buffer: 10% Required usable storage: 103.2 Streaming Bandwidth {worst case): 151 Mbps
Streaming Bandw idth {reduced for motion): 151 Mbps
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• The following notes and details are provided:
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o Proposal is based on good faith understanding of site conditions, based on site walks performed, as is reasonable to carry out prior to contract award. Existing conduit assumed possible to be re-used for pulling of new cabling to replace coax cabling, by normal, reasonable industry expectations. If additional efforts are required beyond Convergint reasonable expectations, a change order might be needed.
o Various existing roof penetrations will be used in the new design. If though additional roof/ roof-membrane penetrations would be required, associated work and cost is not included in this proposal.
o Building structures are assumed to support the camera attachments proposed. o Existing camera devices will be removed in the efforts of the project. o Basic touch up "patch & paint" efforts are included.
o One wall cabinet will be required to be added, to house a newly added switch.
The fiber cable to this location is assumed existing.
o Various existing Axis cameras will be connected into the new system. The networking is assumed by the Customer, and the cameras are assumed in good working condition and compatibility without major troubleshooting. o Servers ("VM" for directory function)/ work stations (any as required for viewing), networking and IP addresses by the Customer, unless specifically stated as provide by Convergint. No new fiber cabling assumed required in this project to enable this project scope.
o Set up of work stations for viewing functions by Convergint is limited to two work stations (with work stations to be provided by the Customer, to meet minimum Genetec requirements).
o New camera cabling from switch/patch panel to camera (per design drawing) assumed provided/installed by Convergint.
o Drawings and submittal set included based on our good faith specifications assumptions.
o Regular business hour work assumed.
o Prevailing wage
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Materials
Line Qty Part Description Unit Price Extended
Price
1 Sourcewell Contract No.: 030421-CTL
2 - Genetec
3 1.00 GSC-5.11 Software Version $ 0.00 $ 0.00
Genetec Security Center Base Enterprise
Package. Synergis Enterprise : Access Manage
support, Remote Security Desk, Badge Designer.
Omnicast Enterprise: Archiving & Auxiliary
Archiving support, Media Router, Audio , Remote
Security Desk, Camera Sequences, Camera
Blocking, Camera Dewarping , Failover Cameras,
Hardware Matrix Support, Time Zone, Edge
recording, trickling & archive transfer, Keyboard
& Joystick Support. AutoVu Standard. Threat
GSC-Base- Level, Plan Manager Advanced for GIS Map
4 1.00 E servers (unlimited entities), Restricted Security $ 4,836.31 $ 4,836.31 Area Surveillance Standard package, Active
Directory Integration, 1 authentication role, 1
Active Directory Federation services, Failover
Directory Role, Intrusion Manager, Sipelia Base,
Import Tool, Max Occupancy, Mustering Task,
Visitor Management Module, Sipelia Public
Address, SIP Trunking. 300 channels of
KiwiVision Video Analytics for Privacy Protector,
Security Analytics and People Counter. Includes
5 client connections (Security Desk, Web or
Mobile)
5 27.00 GSC-Om- 1 camera connection $ 241.82 $ 6,529 .14 E-1C 6 27.00 ADV-CAM- Genetec™ Advantage for 1 Omnicast™ $ 49.33 $ 1,331.91 E-1Y Enterprise Camera 1 year 7 - Cameras
High-performance fixed dome camera with Deep
Learning Processing Unit (DLPU). Forensic
8 4.00 02328-001 WDR, Lightfinder 2.0 and Optimized JR. Discreet, $ 724.81 $ 2,899.24 dust- and IK10 vandal-resistant outdoor casing .
Varifocal 3.4-8.9 mm P-lris lens with remote
zoom and focus. Multiple
High-performance fixed dome camera with Deep
Learning Processing Unit (DLPU). Forensic
9 1.00 02330-001 WDR , Lightfinder 2.0 and Optimized IR. Discreet, $ 918.36 $ 918.36 dust- and IK10 vandal-resistant outdoor casing.
Varifocal 3-8 mm P-lris lens with remote zoom
and focus. Multiple, in
Outdoor pendant kit for AXIS P32-VE Series,
10 2.00 5505-871 compatible with Axis ceiling-/wall mounts, AXIS $ 57.10 $ 114.20 T91A67 Pole mount and 1.5 NPS threaded Ipipes.
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Line Qty Part Description Unit Price Extended
Price
Outdoor-ready, powder-coated aluminum pole
mount with 1.5 NPS thread for fixed dome
11 2.00 01473-001 pendant kits. Includes insect-proof cable gasket $ 105.49 $ 210.98 and 1 pair of stainless steel straps (with TX30 screw) for pole diameter between 65-165mm
'2.5-6.5). White in color.
AXIS P3719-PLE Network Camera is a compact
15-megapixel camera with four varifocal lenses
12 8.00 01500-001 (4 x Quad HD) enabling overview and detailed $ 1,644.13 $ 13,153.04 surveillance. With one IP address and one network cable, the four-cameras-in-one unit
provides a flexible, cost-effecti
AXIS T94N01 D Pendant Kit comprises a
weathershield and a mounting adapter for AXIS
13 8.00 01513-001 P3717-PLE Network Camera. The mounting adapter is com'patible with 1.5-inch NPS thread. $ 95.80 $ 766.40 The kit enables AXIS P3717-PLE to be mounted
on walls, poles, parapets and outer cor
Chromated and powder coated aluminum wall
mount with 1.5 NPS thread for fixed dome
14 7.00 5504-821 pendant kits. Cable routing from behind or $ 95.80 $ 670.60 through 3/4 conduit hole on the side. Includes mounting plate, pipe seal and conduit hole cover.
Color: White
Outdoor-ready, powder-coated aluminum pole
mount with 1.5 NPS thread for fixed dome
15 1.00 01473-001 pendant kits. Includes insect-proof cable gasket $ 105.49 $ 105.49 and 1 pair of stainless steel straps (with TX30 screw) for pole diameter between 65-165mm
(2.5-6.5). White in color.
Corner Bracket that is compatible with several
wall mounts: AXIS T91 B61 Wall Mount, AXIS
16 6.00 5017-641 T91O61 Wall Mount 1.5 NPS, AXIS T91 G61 Wall $ 86.13 $ 516.78 Mount, AXIS T91 H61 Wall Mount, AXIS T91 L61 Wall-and-Pole Mount. These wall mounts in turn
are compatible with AXIS P55-
Product version for the American market. PTZ
camera with continues 360 pan for both indoor
17 8.00 01682-004 and outdoor with 32x optical zoom, Lightfinder 2, $ 2,079.60 $ 16,636.80 Autofocus and Focus Recall. HDTV 1080p @ 30/60fps (1920x1080) in Motion JPEG, H.264,
H.265, and Axis Zipstream.
Aluminum wall mount with IP66 compartment to
safely accommodate power and connectivity
18 8.00 01444-001 accessories (e.g. PoE midspan). IK10 and NEMA $ 240.96 $ 1,927.68 4X rated in Urban Grey color to match AXIS Q62 series. Includes a pre-terminated IP66 rated
RJ45 connector. Compatible wi
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Line Qty Part Description Unit Price Extended
Price
Aluminum wall mount with IP66 compartment to
safely accommodate power and connectivity
19 1.00 5506-951 accessories (e.g. PoE midspan). IK10 and NEMA $ 211.93 $ 211.93 4X rated in Axis white color. Includes a pre- terminated IP66 rated RJ45 connector.
Compatible with wide range of Axis cam
Corner Bracket that is compatible with several
wall mounts: AXIS T91861 Wall Mount, AXIS
20 7.00 5017-641 T91 D61 Wall Mount 1.5 NPS, AXIS T91 G61 Wall $ 86.13 $ 602.91 Mount, AXIS T91 H61 Wall Mount, AXIS T91 L61 Wall-and-Pole Mount. These wall mounts in turn
are compatible with AXIS P55-
21 - Cabling
22 1.00 556600 23-4P Unshielded Solid Plenum Cat6 Wht Jkt $ 413.60 $ 413.60 23 Off ContracUOpen Market
24 - HP Servers
25 1.00 P05174- HPE DL380 Gen10+ 12LFF NC CTO Svr $ 1,873.84 $ 1,873.84 821 26 1.00 P36921- INT Xeon-S 4310 CPU for HPE $ 1,018.93 $ 1,018.93 821 27 2.00 P06031- HPE 16GB 2Rx8 PC4-3200AA-R Smart Kit $ 402.00 $ 804.00 821 28 10.00 P23608- HPE 16TB SAS 7.2K LFF LP ISE MV HOD $ 1,461.43 $ 14,614.30 B21 29 1.00 P37038- HPE DL380 Gen10+ x8/x16/x8 Prim FIO Kit $ 92.14 $ 92.14 B21 30 1.00 P06367- Broadcom MR416i-p Cntrl for HPE Gen10+ $ 1,024.29 $ 1,024.29 B21 31 1.00 P12965- HPE NS204i-p Gen1 0+ Boot Ctrlr $ 790.71 $ 790.71 821 32 1.00 P01366- HPE 96W Smart Stg Li-ion Batt 145mm Kit $ 86.57 $ 86.57 B21 33 1.00 P08449- INT 1350 1GbE 4p BASE-T OCP3 Adptr $ 410.57 $ 410.57 B21 34 2.00 P38997- HPE 1600W FS Plat Ht Pig LH Pwr Sply Kit $ 293.57 $ 587.14 821 35 1.00 BD505A iLO Adv 1-svr Lie 3yr Support $ 320.20 $ 320.20 36 1.00 P46005- MS WS22 16C Std FIO Npi WW SW $ 1,270.29 $ 1,270.29 B21 37 1.00 P55860- HPE DL38x G10+ 4LFF SAS/SATA TM Cbl Kit $ 31.21 $ 31.21 B21 38 1.00 P58900- HPE DL38x SAS/SATA TM Cbl Kit $ 35.78 $ 35.78 821 P13771- ,
39 1.00 B21 HPE Gen10 Plus TPM BR Module Kit $ 41.14 $ 41.14 40 1.00 P22019- HPE DL38X Gen1 0+ 2U LFF El Rail Kit $ 64.71 $ 64.71 B21 41 1.00 P37034- HPE DL380 Gen1 0+ Stnd Heat Sink Kit $ 36.51 $ 36.51 B21 42 1.00 HU4A6A3 HPE Proliant DL380 Gen1 0+ Support $ 3,134.12 $ 3,134.12 ZSB 22 of 27
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Line Qty Part
43 - Aruba Switches
44 2.00 JL660A
45 2.00 HL5X1E
46 2.00 JL087A
47 2.00 JL087A#AB
A
48 1.00 R0M46A
49 1.00 JL086A
50 1.00 JL086A#AB
A
51 2.00 J9150D
52 - Cabling
53 1.00
54 2.00
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Description Unit Price
Aruba 6300M 24SR5 CL6 PoE 4SFP56 Swch $ WB
Aruba 1Y FC NBD Exch 6300M 24 SR PoE $ SVC LS
Aruba X372 54VDC 1050W PS WB $
Aruba X372 54VDC 1050W PS US en WB $
Aruba 50G SFP56 to SFP56 0.65m DAC Cable $ 16
Aruba X372 54VDC 680W PS WB $
Aruba X372 54VDC 680W PS US en WB $
Aruba 1 0G SFP+ LC SR 300m MMF XCVR 16 $
CAT 6 DIR BUR 1000' BLACK $
GAMECHANGER OSP 1000' $
Equipment Total
Total Labor/Other Costs
Freight/Warranty
Tax if Applicable
Total Project Price
8,507.57
982.03
761.25
0.00 210.51
478.16
0.00 680.44
499.98
1,352.15
$
$
$
$
$
Extended
Price
$ 17,015.14
$ 1,964.06
$ 1,522.50
$ 0.00
$ 210.51
$ 478.16
$ 0.00
$ 1,360.88
$ 499.98
$ 2,704.30
103,837.35
105,143.30
6,858.28
8,047.39
223,886.32
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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. Provision or installation of conduit, wire, boxes, fittings or other electrical installation materials 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 connections at panel locations.
6. Customer to provide a secured staging & storage area for project related materials.
7. Pricing assumes that electronic Auto CAD files are available from customer for our use in creating submittal drawings .
8. Twenty-Five percent (25%) of the proposed sell price shall be payable to Convergint for project mobilization. Mobilization shall be invoiced and due upon customer acceptance of this proposal.
9. Proposal does not include sales tax unless otherwise noted.
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 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.
12. Customer acknowledges that supply-chain and shipping difficulties may result in unavoidable delays in deliveries of materials despite timely placement of orders and efforts by Convergint and its suppliers to avoid such delays . Customer agrees to provide Convergint with reasonable extensions of time to the extent of any such delays and Convergint agrees to make reasonable efforts to avoid or minimize such delays. Customer further acknowledges that the above-referenced supply-chain and shipping difficulties may result in unanticipated increases to Convergint's proposal pricing on products covered by this quote or any resulting agreement and that such increases may occur between the time this quote is provided, or any resulting contract is executed and the time when Convergint actually purchases the products covered by this quote or a resulting agreement. Customer agrees that it will pay any such increase in Convergint's initial pricing of obtaining the products above the proposal pricing upon which the quote or agreement was based, by change order or otherwise, and Convergint agrees that it shall make commercially reasonable efforts to minimize any such increase .
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Performance Items
I
I
Applicable Taxes
Items Included
Cable
Freight (prepaid)
Lifts
Material (listed in the SOM)
One-Year Warranty on Labor
Owner to Provide Static IP Addresses
Project Management
Servers by Convergint
System Programming
Workstations by Others
Installation of CCTV Cameras
Loading Software on Customer Provided
Computer
Mounting/Termination of Proposed Devices
One-Year Warranty on Parts
Owner Training
Record Documentation (As-Built)
Servers by Others
Testing of all Proposed Devices
Items Excluded
120 VAC Power and Fused Disconnect Switch
Additional Lighting Requirements for Cameras
Attend Owner Project Meetings
Ceiling Tiles and Ceiling Grid Repairs
Correction of Wiring Faults Caused by Others
Electrical Installation Permit
Engineering and Drawings
FA Permit and Plan Review Fees
Fire Watch
Floor plan with device placement and numbering
(requires customer CAD)
Installation of Bridle Rings
Installation of Control Equipment Enclosures
Installation of Intercom Systems
Installation of Low Voltage Wire
Installation of Network Cabling to IP Cameras
Installation of Specialty Backboxes
Installation of Video Recorders (DVR/NVR)
Installation of Wire Hangars
On-Site Lockable Storage Facility
Owner to Provide DHCP Lease Reservations for
Network Connected Devices
Panel wiring with point to point connections
Payment & Performance Bonds
Specialty Backboxes
System Engineering
System Meets Plans/Drawings
Termination of Control Equipment Enclosures
Wire
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120 VAC Power Receptacles
Attend General Contractor Project Meetings
Authority having Jurisdiction permit drawing
(requires customer CAD)
Connection to Building Fire Alarm Panel
Door wiring typical connections
Electrified Door Locking Hardware
Equipment rack layout drawing
Fire Stopping (Excludes Existing Penetrations)
Floor Coverings for Lifts
Horizontal Core Drilling
Installation of Conduit , Boxes and Fittings
Installation of Control Panels
Installation of Intrusion Panels
Installation of Network Cabling to Card Readers
Installation of Network Cabling to IP Intercoms
Installation of Terminal Cabinets
Installation of Wire and Cable
Low Voltage Permits
Operations & Maintenance Manuals
Panel Wall Elevation drawing (may require
customer CAD)
Patch and Paint
Riser drawing with home run wiring
Submittal Drawings
System is Design-Build
Terminal Cabinets
Vertical Core Drilling
Workstations by Convergint
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Total Project Investment: $ 223,886.32
Thank you for considering 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,
Jasper Bruinzeel
Convergint
Jasper Bruinzeel
By signing below, I accept this proposal and agree to the Terms and Conditions contained herein
Brad Rosen April 3, 2023
Customer Name (Printed) Date
Authorized Signature Title
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May 2, 2023, Item #10
Convergint Technologies Install Terms & Conditions
Throughout this Installation Proposal, the term, "Converginr refers to the Convergint Technologies affiliate operating in the state/province in which the Work is being perfooned.
SECTION 1. THE WORK
This Installation Proposal takes precedence over and supersedes any and all prior proposals, correspondence, and oral agreements or representations relating to the work set forth in the attached scope of work, including without limitation, goods, seNices, equipment and software, ("Work"). This Installation Proposal commences on the Start Date as specified in the attached scope of work and, subject to any addendums, represents the entire agreement between Convergint and Customer (the "Agreemenr). In the event any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force.
Convergint agrees in accordance with the mutually agreed project schedule:
a. To submit shop drawings, product data, samples and similar submittals if required in perfooning the Work; b. To pay for all labor, materials, equipment, tools, supeNision, programming, testing, startup and documentation required to perform the Work in accordance with the Agreement; c. Secure and pay for penmits and governmental fees, licenses, and inspections necessary for proper execution and completion of the Work, unless local regulations provide otherwise; and d. Hire subcontractors and order material to perfoon part of the Work, if necessary, while remaining responsible for the completion of theWork.
Customer agrees in accordance with the mutually agreed project schedule, and at no cost to Convergint:
a. To prompUy approve submittals provided byConvergint; b. To provide access to all areas of the facility which are necessary to complete the Work; c. To supply suitable electrical seNice as required by Convergint and d. That in the event of any emergency or systems failure, reasonable safety precautions will be taken by Customer to protect l~e and property during the period from when Convergint is first notified of the emergency or failure and until such time that Convergint notifies the Customer that the systems are operational or that the emergency has cleared.
No monitoring services or software capable of obtaining what may be characterized as biometric information are included in the Work. Any such services shall be governed by a separate agreement.
Title to the Work, including any materials comprising the Work, shall pass to Customer as the Work is completed and the materials are incorporated into the Work at Customers site subject to any license agreements. If materials are earlier stored on Customer's site pursuant to agreement between Customer and Convergint, title with respect to such materials shall pass to Customer upon delivery to Customer site.
SECTION 2. PRICING
Pricing and amounts proposed shall remain valid for 30 days unless otherwise specified. Price includes only the material listed based on Convergint's interpretation of plans and specifications unless noted otherwise. Additional equipment, unless negotiated prior to order placement, will be billed accordingly. Sales taxes, (and in Canada GST/PSD and any other taxes assessed on Customer shall be added to the price upon invoice to Customer.
SECTION 3. INVOICE REMITTANCE AND PAYMENT
Customer agrees to pay Convergint twenty-five (25%) percent of the total price as a mobilization fee at the time of executing this Agreement
Version 2.0 November 2022
Convergint shall maintain the following insurance coverages during the term of this Agreement and upon request, shall provide certificates of insurance to the Customer.
Workers Compensation Statutory Limits
Employers Liability $1,000,000 per occurrence/aggregate Commercial General Liability $1,000,000 peroccurrence
Automobile Liability
Excess/Umbrella Liability
S2,000,000 general aggregate
S1,000,000 per occurrence/aggregate
$5,000,000 peroccurrence/aggregate
Convergint's insurance is limited to the coverages listed above and Convergint will not provide Builders Risk Insurance. Commercial General Liability poicy shall name the Customer as "additional insured" on a primary/noncontributory basis with respect to liability arising out of work performed by Convergint, as applicable, but only to the extent of liabilities falling within the indemnity obligations of Convergint pursuant to the terms of this Agreement. Convergint shall provide to the Customer no less than thirty (30) days' notice priorto the termination or cancellation of any such insurance policy.
SECTION 8. INDEMNIFICATION
To the fullest extent allowed by law, Convergint shall indemnify and hold Customer harmless from and against claims, damages, losses and expenses (excluding loss of use) attributable to bodily injury, sickness, disease or death, or to destruction of tangible property, but only to the extent caused by the negligent acts or omissions of Convergint or Convergint's employees or subcontractors while on Customers site.
It is understood and agreed by the parties that Convergint is or may be providing intrusion products which are designed to provide notification of certain events but are not intended lo be guarantees or insurers against any acts for which they are supposed to monitor or inform. Convergint's indemnification obligation pursuant to Section 8 herein, does not apply to the extent the loss indemnified against is caused by any intrusion product or software provided by but not manufactured by Convergint. Convergint shall have !lQ liability to Customer for any losses to the extent such losses are caused by the intrusion product or software. Customer shall indemnify, defend, and hold harmless Convergint. from and against all claims, lawsuits, damages, losses and expenses by persons not a party to this Agreement, but only to the extent caused by such intrusion product or software provided by but not manufactured by Convergint.
SECTION 9 LIMITATION.OF LIABILITY
TO THE FULLEST EXTENT ALLOWED BY LAW: (A) IN NO EVENT SHALL EITHER CONVERGINT OR
CUSTOMER BE LIABLE TO THE OTHER PARTY HERETO FOR SPECIAL, INDIRECT, INCIDENTAL OR
CONSEQUENTIAL DAMAGES, INCLUDING COMMERCIAL LOSS, LOSS OF USE OR LOST PROFITS, EVEN IF THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATION SET
FORTH IN THIS SECTION SHALL APPLY WHETHER THE CLAIM IS BASED ON CONTRACT, TORT OR OTHER THEORY AND (8). IN NO EVENT Vv1LL CONVERGINT BE LIABLE TO CUSTOMER FOR ANY
AMOUNTS IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO CONVERGINT UNDER THIS AGREEMENT.
SECTION 10. COMPLIANCE WITH LAW, SAFETY, & HAZARDOUS MATERIALS Convergint will comply with all laws and regulations applicable to its provision of the Work. Customer will comply with all applicable laws and agreements applicable to its use and operation of the Wo!k. Convergint shall comply with all safety related laws and regulations and with the safety program of the Customer, provided such program is supplied If the Work is performed over more than one month, Convergint will invoice Customer each month for the Work to Convergint prior to beginning Work. perfooned during the previous month. Customer agrees to pay the amount due to Convergint as invoiced, within In the event that Convergint discovers or suspects the presence of hazardous materials, or unsafe woO<ing thirty (30) days of the date of such invoice. If the Work is completed in less than one month, Customer agrees to conditions at Customers facility where the Work is to be perfom1ed, Convergint is entitled to stop the Work at that pay Convergint in full after the Work has been completed within thirty (30) days of the date of invoice. Invoices facility if such hazardous materials, or unsafe working conditions were not provided by or caused by Convergint. shall not include or be subject to a project retention percentage. If Customer is overdue in any payment Convergint Convergint in its sole discretion shall determine when it is "safe" to return to perform the Work at Customers facility. shall be entiUed to suspend the Work until paid, and charge Customer an interest rate 1 and 1/2% percent per Convergint shall have no responsibility for the discovery, presence, handling, removing or disposal of or exposure month, (or the maximum rate permitted by law, whichever is less), and may avail itse~ of any other legal or equitable of persons to hazardous materials in any form at the customers facility. To the fullest extent allowed by law, Customer remedy. Customer shall reimburse Convergint costs incurred in collecting any amounts that become overdue, shall indemnify and hold harmless Convergint from and against claims, damages, losses and expenses, including including attorney fees, court costs and any other reasonable expenditure. but not limited to, reasonable attorney's fees, arising out of or resulting from undisclosed hazardous materials, or SECTION 4. WARRANTY unsafe working conditions at Customers facility.
For the period of one (1) year, commencing at the ear1ier of substantial completion of the Work or first beneficial SECTION 11. PERSONAL DATA use, ("Warranty Penod"), the:
a. Work performed under this Agreement will be of good quality; b. Equipment will be new unless otherwise required or permitted by this Agreement; c. Work will be free from defects not inherent in the quality required or permitted; and d. Work will conform lo the requirements of this Agreement.
The Customers sole and exclusive remedy for any breach of this warranty is that Convergint shall remove, replace and/or repair at its own discretion and expense any defective or improper Work discovered within the Warranty Period, provided Convergint is notified in writing of any defect within the Warranty Period.
Any software, equipment or products included in the Work and installed by Convergint shall only carry such warranty as is provided by the manufacturer thereof, which Convergint hereby assigns to Customer without recourse to Convergint or which is exclusively granted to customer in the software dorumentation. Upon request of Customer, Convergint will use commercially reasonable efforts to assist Customer in enforcing any such third party warranties. This warranty excludes remedy for damage or defect caused by abuse, theft, neglect, modifications not executed by Convergint, improper or insufficient maintenance, improper use or operation; fire, explosion, water exposure, corrosion, rust, adver.;e environmental conditions or resulting from accidents, or any other Acts of God; fluctuations in the building power supply, failure to provide a power supply, or operating an environment that does not conform to the manufacturers specifications; repair, seNice, adjustment tampering or modification of the equipment by anyone other than Convergint seNice personnel; negligence or acts or omissions of Customer or any third party (excluding a Convergint seNice personnel); or normal wear and tear under normal usage. EXCEPT FOR THE EXPRESS WARRANTIES PROVIDED IN THIS SECTION 4, NO FURTHER WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARE MADE Vv1TH RESPECT TO ANY GOODS OR SERVICES
PROVIDED UNDER THIS AGREEMENT, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE EXPRESSLY DISCLAIMED.
SECTION 5, CHANGES
Wthout invalidating this Agreement or any bond given hereunder, Customer or Convergint may request changes in the Work. Any changes to the Agreement shall be in writing signed by both Customer and Convergint. If Customer orders any additional Work or causes any material interference with Convergint's performance of the Work, Convergint shall be entitled to an equitable adjustment in the time for performance and in the Agreement Price, including a reasonable allowance for ovemead and profit.
SECTION 6, FORCE MAJEURE
Neither Customer nor Convergint shall be responsible or liable for or be deemed in breach of this Agreement because of any delay or failure in the performance of their respective obligations pursuant to this Agreement due to circumstances beyond their reasonable control ("Force Majeure") and without the fault or negligence of the party experiencing such delay. A Force Majeure event shall include, but not be limited to: acts of God, pandemic or epidemic, diseases, quarantines, unavoidable casualties, concealed conditions, acts of any civil or military authority; riot, insurrections, and civil disturbances; war, invasion, act of foreign enemies, hostilities (regardless of whether or not war is declared), rebellion, revolution, terrorist activities; strikes, lockouts or other labor disputes; embargoes; shortage or unavailability of labor, supplies, materials, equipment or systems; accident fire, storm, water, flooding, negligence of others, vandalism, power failure, installation of incompatible equipment, improper operating procedures, source current fluctuations or lighting, transportation contingencies; laws, statutes, regulations, and other legal requirements, orders or judgements; acts or order of any government or agency or official thereof, other catastrophes or any other similar OCaJrrences. If performance by either party is delayed due to Force Majeure, the time for performance shall be extended for a period of time reasonably necessary to overcome the effect of the delay. Any seNices required by Convergint due to reasons set forth in this Force Majeure Section shall be charged to Customer in addition to any amounts due under this Agreement.
SECTION 7. INSURANCE
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This Agreement does not authorize Convergint to access, collect, store or process any biometric information although the equipment or products included in the Work (including embedded software) installed by Convergint are capable of collecting biometric information. Customer agrees and will comply with any and all applicable local, state or federal laws, ordinances, rules or regulations (collectively, "Laws") with respect to collecting biometric information using the equipment or products provided under this Agreement. Notwithstanding the foregoing, to the extent Customer uses the Work to collect biometric information or provides Convergint with access to biometric information, Customer acknowledges that Laws may limit Customers rights and impose obligations with respect to use of software capable of collecting biometric information, including any hardware or other software and services associated with the biometric information, and agrees that Customer is solely responsible to ensure its own compliance with such Laws. To the fullest extent allowed by law, Customer will defend, indemnify and hold Convergint harmless from and against any and all claims, suits, actions, legal proceedings, liabilities, damages, fines, fees, penalties, costs and expenses arising out of or relating to Customer's use or collection of biometric information.
SECTION 12. PRICE ADJUSTMENT
Convergint may automatically adjust the price, with five (5) days prior written notice, if based on: (a) changes by its vendors to the cost of equipment and/or products to be delivered and/or labor costs related to personnel responsible for performing the Work, (b) macroeconomic conditions, such as taxes, tariffs or duties, natural disasters, labor shortages/strikes, etc., (c) applicable market trends, or (d) other events not within Convergint's control that impact the cost of performing tihe Work. The variation in the cost of the equipment, products and/or labor shall be consistent with applicable market indexes, where available, third-party sources or other evidence. Convergint reserves the right to add periodic surcharges to this order, including without limitation, adjustments for the then current price of fuel, such surcharges to be specified and invoiced by Convergint.
SECTION 13. DISPUTES
In the event of any dispute between Convergint and Customer, Convergint and Customer shall first attempt to resolve the dispute in the field, but if that is not successful, then in a meeting between autho<ized officers of each company.
If settlement attempts are not successful, unless the dispute requires injunctive relief, then the dispute shall be decided exclusively by arbitration. Such arbitration shall be conducted in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect by a single arbitrator and shall be a final binding resolution of the issues presented between the parties. The prevailing party shall be entiUed to recover its reasonable attorneys' fees and costs. Any award by the arbitrator may be entered as a judgment in any court having jurisdiction.
SECTION 14. MISCELLANEOUS
This Agreement shall be governed and construed in accordance with the laws of the state/province in which the Work is being performed. Neither party to this Agreement shall assign this Agreement without tihe prior written consent of the other party hereto. Notwithstanding the foregoing, Convergint may assign this Agreement without notice or consent (i) to any of its parents, subsidiaries or affiliated companies or any entity majority owned by Convergint; or (ii) in connection with a merger, acquisition, reorganization, sale of all of the equity interests of Convergint, or a sale of all or substantially all of the assets of Convergint to which this Agreement relates.
Notices shall be in writing and addressed to the other party, in accordance with the names and addresses of the parties as shown above. All notices shall be effective upon receipt by the party to whom the notice was sent. In no event will Convergint be obligated to comply with any project labor agreements or other collective bargaining agreements
A waiver of the terms hereunder by one party to the other party shall not be effective unless in writing and signed by a person with authority to commit the Customer and Convergint. No waiver by Customer or Convergint shall operate as a continuous waiver, unless the written waiver specifically states that it is a continuous waiver of the terms stated in that waiver. The Sections regarding invoicing, warranty, indemnity, and disputes shall suNive the termination of this Agreement.
May 2, 2023, Item #10