Fiscal Impact:
This action will result in the expenditure of budgeted capital improvement project funds from the Airport Operations Fund 450 in the amount not-to-exceed $100,000.
Account Budget FY 2022-2023
4500125 – 55050 – 95115 $200,000
Background:
The Southern California Logistics Airport (“SCLA”) receives Federal funding and therefore is obligated to follow Federal Aviation Administration (“FAA”) regulations for restricting access to the Airfield Operations Area (“AOA”). Federal regulations require controlled access and security measures designed to prevent, detect, and monitor access to the AOA, which is the secure area within the perimeter fence of the Airport. This secure area consists of runways, taxiways, land near the runways and taxiways, and multiple buildings and hangars. To help secure the AOA, the SCLA utilizes a fence and an Automated Access Control System (“AACS”) to grant badge-controlled access to doors and gates that permit personnel and vehicle access to the AOA. There are approximately 150 doorways and 12 AOA vehicle access gates at the SCLA that are controlled by the AACS.
In addition to restricting access, the AACS also makes use of closed-circuit television cameras for monitoring the access gates, doors, and other areas of the AOA. 5 7
0 The current AACS software and hardware components have outlived their useful life and need to be upgraded. Some components of the AACS were installed almost 15 years ago and the software version that operates the AACS is no longer supported by the software manufacturer. The lack of software support presents a security threat because the AACS is no longer being updated to counter emerging threats, making the AACS vulnerable to failures and unauthorized access. The hardware that the AACS software is operating on is aged to the point where it is not compatible with the current software versions. As the hardware aged, various components have failed resulting in over a dozen service calls in the last two years. The cost of replacement parts continues to increase as availability dwindles due to parts no longer being manufactured.
Badge readers are utilized at approximately 150 doorways and 12 gates that permit access to the AOA. When a badge reader fails, it causes that doorway or gateway to become unusable until the badge reader is repaired or replaced. Issues caused by inaccessible doors or gateways create delay to SCLA tenants and reduce work efficiency.
Repairs are often delayed due to supply chain delays in sourcing a badge reader that can be programmed to function with the antiquated AACS.
Moreover, some of the cameras that are part of the AACS are producing poor image and video quality that lack resolution to clearly identify vehicles and individuals involved in certain incidents. Upgrading to higher-resolution video and images will enable staff to properly monitor the AOA, identify unsafe conditions, and determine responsibility for damages caused to AOA property or equipment. Lastly, the AACS has reached its data storage capacity limit which reduces the total number of days that video data can be retrieved before it is overwritten with new data.
The current AACS has been utilized beyond its functional life and a system upgrade is needed to continue to allow the SCLA to provide this crucial layer of security that FAA regulations have established for the SCLA and its tenants. There are currently several billion dollars of aviation assets located within the AOA and SCLA tenants have an expectation that security for the AOA will be properly maintained.
Discussion:
The Security System Upgrade, Project #CCS23-040 (“Project”) proposes changes that will allow the AACS hardware and software to be upgraded to the latest edition. The hardware upgrades will consist of modern computer servers, a new access badge printer and workstation, the installation of 13 new badge readers to replace aging failure prone readers, and new security monitoring workstations. Replacement parts for the entire system, including the badge readers, will be more readily available and the ease of serviceability will be greatly improved as a result of the Project.
The software upgrade will include expanded capabilities to monitor, record, and retrieve 4K resolution videos and images. The modern servers will have the capability to efficiently store, retrieve, and process large amounts of data associated with a 4K resolution camera system. Additionally, a modern user interface will have increased functionality and ease of use. The new software version is supported by the manufacturer 5 7
0 and will receive periodic updates as refinements are made and software issues are discovered and corrected by the manufacturer.
The current amount of downtime associated with troubleshooting failing components is anticipated to be dramatically reduced for two main reasons. First, the new software and hardware are anticipated to be more reliable than the aging and unsupported components of the current system. Second, the current AACS does not have remote support capabilities, which allows a technician to diagnose an issue via dedicated, secured remote connection, thereby vastly decreasing response and troubleshooting time. The new AACS will have remote support capabilities via a secure connection to the software provider.
To facilitate the performance of the Project, staff proposes the award of a General Services Provider Standard Agreement to Convergint Technologies, LLC (“Convergint”) via a cooperative agreement. Convergint is a participant in a cooperative agreement program, called Sourcewell. Sourcewell is a public agency that facilitates an open and competitive bidding and contracting process on behalf of its member organizations, of which the City of Victorville is an eligible member. Sourcewell offers a multitude of cooperatively contracted specialized products, services, and equipment to government entities. Municipal Code §2.28.120, “Purchases of supplies and equipment through cooperative purchasing arrangements”, allows for the procurement of equipment and services directly from vendors engaged in a cooperative agreement program without further solicitation. Sourcewell offers its members contract purchasing solutions that are leveraged nationally to enable contracted suppliers and member agencies to work smarter and more efficiently, while streamlining the required purchasing process.
A review of the Sourcewell competitive bidding process found that out of 26 commercial security system vendors that participated in the Sourcewell competitive bidding process, Convergint was consistently graded in the top tier in all categories. Major factors in the decision to select Convergint to perform the Project is that they are a top performing security vendor across multiple categories, and that they are an approved vendor for the current AACS and as such they understand the current system’s constraints and what upgrades are needed to modernize the AACS at the SCLA.
Sourcewell contract pricing was available for most of the components listed in the Convergint bid. For those items that were not part of the Sourcewell contract pricing, Convergint is recognized as a sole source provider in accordance with Municipal Code
2.28.100 because of the critical requirement that the new components be compatible with each other.
The original budget for the Project was $200,000 as staff anticipated that upgrading the existing AACS would necessitate a more extensive scope of work. However, Convergint thoroughly evaluated the existing AACS and formulated an upgrade plan that represented a greater value than previously expected. Convergint’s recommended hardware and software upgrades were quoted at $89,866.42.
5 7
0 Although the hardware and software upgrades were quoted at $89,866.42, staff is requesting approval for a total of $100,000 to cover any minor unforeseen expenses that may arise and delay the completion of this project. Given the nature of the AACS and its impact to the efficient operation of the SCLA tenants, it is imperative that this installation process be swift, carefully coordinated, and avoid work stoppage due to funding constraints. Should any problems arise during Project implementation, the contingency funds would allow staff to efficiently resolve them and avoid delay.
The requested amount of $100,000 is within the City Manager’s authority to approve.
However, Convergint was recently awarded a contract for annual as-needed AACS maintenance and repair in the amount not-to-exceed $50,000 for FY 2023. The aggregate value of the annual maintenance and repair agreement combined with the proposed award might exceed his authority, therefore this award requires Board approval.
Replacing and upgrading the Automated Access Control System with superior software and state-of-the art hardware will allow the SCLA to continue to provide FAA-required badge-controlled access to the Airport Operations Area. Therefore, staff requests and recommends your approval of the attached General Services Provider Standard Agreement for Security System Upgrade Project #CC23-040, by and between Convergint Technologies, LLC and the SCLA in the amount not-to-exceed $100,000.
Staff remains available for any questions or comments that you may have.
CER/see
Attachments: A. Site Map
B. Convergint Quotes
C. Sourcewell/Convergint Agreement
D. General Services Provider Standard Agreement
-SCLAAirOperationsArea(AOA)
1983 S. Santa Cruz St., Anaheim, California 92805Phone Mobile (949) [email protected] 14, 2022City of Victorville Quotation: FE00487033PVictorville Logistics Airport License/CertC-10 License #98640718374 Phantom WestVictroville, California 92394Attention: Phil KeithReference: Lenel Upgrade-v2Sourcewell Contract #030421-CTLOn 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 SDM 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.
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 15/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Scope of WorkConvergint Technologies' scope of work includes furnishing, installing, programming and commissioning the material listed in the attached bill of materials (BOM) as outlined below and with regards to the data listed in the clarifications and exclusions section of this proposal. Proposal complies with prevailing wage labor requirements.The scope of work will include the upgrade of Lenel OnGuard at the Victorville Logistics Airport. Convergint will upgrade the existing OnGuard system supporting 150 doors from ver 7.4.457 to version 8.0. In addition, Convergint will replace both existing servers with new Dell servers. Convergint will provide installation staff, project specialists, and project management to oversee implementation. Convergint will install the new servers, load Lenel Onguard on the new servers, migrate the existing OnGuard database to the new servers, and upgrade the existing environment to OnGuard ver 8.0. In addition, Convergint will replace (13) Lenel 2000 boards with the newer LNL-X2220 boards. City to provide POE network switch ports, server cabinet, UPS, and IP addresses. Proposal requires City to have an active Lenel OnGuard SUSP in place. Proposal does not include any additional Lenel OnGuard licensing. Lenel failover will be configured as is today. Convergint can provide additional failover options which may be at additional cost.WarrantyConvergint will provide a one-year labor warranty and a one-year material warranty on equipment provided by Convergint. Provision of labor and materials after the first year will be billed on a time and materials basis.
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 16/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Bill of MaterialsLineQtyManufacturerPartDescriptionUnit PriceExtended Price1 Sourcewell Contract #030421-CTL2 13.00 Lenel LNL-X2220Intelligent Dual Reader Controller powered by 12 or 24 VDC @ 500mA (w/o Rdr Power),, size (6 (152mm) W x 8 (203mm) L x 1 (25mm)H); 6 MB standard cardholder flash memory, 50,000 of event memory, maximum of 32 devices, On-board Ethernet, Dual Path capability, on-board two door control, OSDP Secure Channel encryption with OnGuard 7.2, Wiegand or F2F; eight inputs, four outputs, cabinet tamper and power fault input monitors. Approvals: FCC Part 15, CE, RoHS, UL 294, UL 1076, CAN/ULC 60839-11-1:2016, CSA C22.2 No. 205-1983, cUL/ORD-C1076$ 1,874.96 $24,374.483 Off Contract4 2.00 Dell R440-4TB-2022-08PowerEdge R440 Server, Intel Xeon Silver 4310, 2.1G, 12C/24T, 10.4GT/s , 18M Cache, Turbo, HT (120W) DDR4-2666, 32GB RDIMM, (2) 2TB hard drives, Windows Server 2019, dual power supplies, 3 years ProSupport Next Business Day On-Site On-Site.$ 5,998.51 $11,997.025 1.00 ADI Misc Misc Hardware $ 285.71 $ 285.716 All Labor complies with Sourcewell Contract #030421-CTLEquipment Total$ 36,657.21Total Labor/Other Costs$ 10,188.00Freight/Warranty$ 2,325.28Tax if Applicable$ 3,207.51Total Project Price$ 52,378.00 EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 17/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Clarifications and Exclusion 1. All work proposed herein, shall be performed during normal business hours Mondaythrough Friday 7:00 am - 4:00 pm.2. Provision or installation of conduit, cable, boxes, fittings or other electrical installationmaterials are excluded.3. Proposal requires City to have an active Lenel OnGuard SUSP in place.4. Proposal does not include any additional Lenel OnGuard licensing. Lenel failover will beconfigured as is today.5. Permits or associated fees are not included.6. Customer to provide static IP addresses, server cabinet, UPS, and network switch ports.7. Twenty-Five percent (25%) of the proposed sell price shall be payable to Convergint forproject mobilization. Mobilization shall be invoiced and due upon customer acceptance ofthis proposal.8. Pricing is valid for 60 days from the date of the proposal. If accepted, please sign and datebelow and return to Convergint Technologies with the appropriate purchase orderinformation.9. Anything in the Contract Documents notwithstanding, in no event shall either Contractoror 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 advisedof the possibility of such damages.10. Convergint reserves the right to negotiate mutually acceptable contract terms andconditions with customer by making mutually agreeable changes to the formal contractincluded in the Bid Documents.
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 18/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Performance ItemsItems IncludedApplicable Taxes Material (listed in the BOM)Mounting/Termination of Proposed Devices One-Year Warranty on LaborOwner Training Project ManagementServers by Convergint System ProgrammingTesting of all Proposed Devices Workstations by OthersItems Excluded120 VAC Power and Fused Disconnect Switch 120 VAC Power ReceptaclesAdditional Lighting Requirements for Cameras Attend General Contractor Project MeetingsAttend Owner Project Meetings Authority having Jurisdiction permit drawing (requires customer CAD)Cable Ceiling Tiles and Ceiling Grid RepairsConnection to Building Fire Alarm Panel Correction of Wiring Faults Caused by OthersDoor wiring typical connections Electrical Installation PermitElectrified Door Locking Hardware Engineering and DrawingsEquipment rack layout drawing FA Permit and Plan Review FeesFire Stopping (Excludes Existing Penetrations) Fire WatchFloor Coverings for Lifts Floor plan with device placement and numbering (requires customer CAD)Freight (prepaid) Horizontal Core DrillingInstallation of Bridle Rings Installation of CCTV CamerasInstallation of Conduit, Boxes and Fittings Installation of Control Equipment EnclosuresInstallation of Control Panels Installation of Intercom SystemsInstallation of Intrusion Panels Installation of Low Voltage WireInstallation of Network Cabling to Card Readers Installation of Network Cabling to IP CamerasInstallation of Network Cabling to IP Intercoms Installation of Specialty BackboxesInstallation of Terminal Cabinets Installation of Video Recorders (DVR/NVR)Installation of Wire and Cable Installation of Wire HangarsLifts Loading Software on Customer Provided ComputerLow Voltage Permits On-Site Lockable Storage FacilityOne-Year Warranty on Parts Operations & Maintenance ManualsOwner to Provide DHCP Lease Reservations for Network Connected DevicesOwner to Provide Static IP AddressesPanel Wall Elevation drawing (may require customer CAD)Panel wiring with point to point connectionsPatch and Paint Payment & Performance BondsRecord Documentation (As-Built) Riser drawing with home run wiringServers by Others Specialty BackboxesSubmittal Drawings System EngineeringSystem is Design-Build System Meets Plans/DrawingsTerminal Cabinets Termination of Control Equipment EnclosuresVertical Core Drilling Wire Workstations by Convergint EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 19/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Total Project Investment: $ 52,378.00Thank 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,Fabian EscalanteConvergint TechnologiesBy signing below, I accept this proposal and agree to the Terms and Conditions contained hereinPhil Keith September 14, 2022Customer Name (Printed) DateAuthorized Signature Title EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 20/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 1983 S. Santa Cruz St., Anaheim, California 92805Phone Mobile (949) [email protected] 14, 2022City of Victorville Quotation: FE00486952PVictorville Logistics Airport License/CertC-10 License #98640718374 Phantom WestVictroville, California 92394Attention: Phil KeithReference: Milestone Video Management System Sourcewell Contract #030421-CTLOn 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 SDM 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.
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 27/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Scope of WorkConvergint Technologies' scope of work includes furnishing, installing, programming and commissioning the material listed in the attached bill of materials (BOM) as outlined below and with regards to the data listed in the clarifications and exclusions section of this proposal. Proposal complies with prevailing wage labor requirements.The scope of work will include the installation of a Milestone video surveillance system at the Victorville Logistics Airport. The project will include the installation of a new Dell server with 64TB of raw storage together with the Milestone Professional software licensed for 23 cameras. In addition, Convergint will load the Airport’s exiting 23 cameras into Milestone and will integrate the system with the Airport’s existing Lenel OnGuard software. Convergint will provide installation staff, project specialists, and project management to oversee implementation. Convergint will install the new NVR to support the new cameras, load the 23 existing cameras, and will commission the system. Convergint will also provide a 2-hour training session on the use of the system and will install the video client on up to 2 customer-provided workstations. City to provide POE network switch ports, server cabinet, UPS, and IP addresses. Software licensing is included together with a one-year software maintenance agreement from Milestone entitling City to new software downloads from Milestone. Proposal does not included repairing, aiming, cleaning, nor focusing any of the existing cameras.Note: Storage has been calculated based on recording at 15 frames per second, 1080P, with continuous recording and retained for a minimum of 30 days. Storage requirements will vary based on recording parameters (frames per second, motion settings, motion activity, resolution, and retention period).WarrantyConvergint will provide a one-year labor warranty and a one-year material warranty on equipment provided by Convergint. Provision of labor and materials after the first year will be billed on a time and materials basis.
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 28/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Bill of MaterialsLineQtyManufacturerPartDescriptionUnit PriceExtended Price1 Sourcewell Contract #030421-CTL2 1.00 Milestone MIL-XPPPLUSBL XProtect Professional+ Base License $ 474.00 $ 474.003 23.00 Milestone MIL-XPPPLUSDL XProtect Professional+ Device License $ 105.46 $ 2,425.584 23.00 Milestone MIL-YXPPPLUSDL One Year Care Plus for Professional + $ 29.45 $ 677.355 1.00 Milestone MIL-XPABL XProtect Access Base License $ 0.00 $ 0.006 150.00 Milestone MIL-XPADL XProtect Access Door License $ 0.00 $ 0.007 Off Contract8 1.00 Dell R540-64TB-2022PowerEdge R540 Server, Dual Intel Xeon Silver 4216 2.1G, 16C/32T, 9.6GT/s, 22M Cache, Turbo, HT (100W) DDR4-2400, Windows Server 2019 Standard, 32GB RDIMM, 3200MT/s, (8) 8TB 7.2K RPM SATA 12Gbps 512e 3.5in Hot-plug Hard Drive, Dual, Hot-Plug, Redundant Power Supply (1+1), 750W, Next Business Day Onsite Service Initial, 36 Month(s)$ 9,075.06 $ 9,075.069 All Labor Complies with Sourcewell Contract #030421-CTLEquipment Total$ 12,651.99Total Labor/Other Costs$ 6,448.00Freight/Warranty$ 783.94Tax if Applicable$ 794.07Total Project Price$ 20,678.00 EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 29/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Clarifications and Exclusion 1. All work proposed herein, shall be performed during normal business hours Mondaythrough Friday 7:00 am - 4:00 pm.2. Provision or installation of conduit, cable, boxes, fittings or other electrical installationmaterials are excluded.3. Proposal does not included repairing, aiming, cleaning, nor focusing any of the existingcameras.4. Permits or associated fees are not included.5. Customer to provide static IP addresses, server cabinet, UPS, and network switch ports.6. Twenty-Five percent (25%) of the proposed sell price shall be payable to Convergint forproject mobilization. Mobilization shall be invoiced and due upon customer acceptance ofthis proposal.7. Pricing is valid for 60 days from the date of the proposal. If accepted, please sign and datebelow and return to Convergint Technologies with the appropriate purchase orderinformation.8. Anything in the Contract Documents notwithstanding, in no event shall either Contractoror 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 advisedof the possibility of such damages.9. Convergint reserves the right to negotiate mutually acceptable contract terms andconditions with customer by making mutually agreeable changes to the formal contractincluded in the Bid Documents.
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 30/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Performance ItemsItems IncludedApplicable Taxes Installation of Video Recorders (DVR/NVR)Loading Software on Customer Provided Computer Material (listed in the BOM)One-Year Warranty on Labor Owner TrainingProject Management Servers by ConvergintSystem Programming Testing of all Proposed DevicesWorkstations by OthersItems Excluded120 VAC Power and Fused Disconnect Switch 120 VAC Power ReceptaclesAdditional Lighting Requirements for Cameras Attend General Contractor Project MeetingsAttend Owner Project Meetings Authority having Jurisdiction permit drawing (requires customer CAD)Cable Ceiling Tiles and Ceiling Grid RepairsConnection to Building Fire Alarm Panel Correction of Wiring Faults Caused by OthersDoor wiring typical connections Electrical Installation PermitElectrified Door Locking Hardware Engineering and DrawingsEquipment rack layout drawing FA Permit and Plan Review FeesFire Stopping (Excludes Existing Penetrations) Fire WatchFloor Coverings for Lifts Floor plan with device placement and numbering (requires customer CAD)Freight (prepaid) Horizontal Core DrillingInstallation of Bridle Rings Installation of CCTV CamerasInstallation of Conduit, Boxes and Fittings Installation of Control Equipment EnclosuresInstallation of Control Panels Installation of Intercom SystemsInstallation of Intrusion Panels Installation of Low Voltage WireInstallation of Network Cabling to Card Readers Installation of Network Cabling to IP CamerasInstallation of Network Cabling to IP Intercoms Installation of Specialty BackboxesInstallation of Terminal Cabinets Installation of Wire and CableInstallation of Wire Hangars LiftsLow Voltage Permits Mounting/Termination of Proposed DevicesOn-Site Lockable Storage Facility One-Year Warranty on PartsOperations & Maintenance Manuals Owner to Provide DHCP Lease Reservations for Network Connected DevicesOwner to Provide Static IP Addresses Panel Wall Elevation drawing (may require customer CAD)Panel wiring with point to point connections Patch and PaintPayment & Performance Bonds Record Documentation (As-Built)Riser drawing with home run wiring Servers by OthersSpecialty Backboxes Submittal DrawingsSystem Engineering System is Design-BuildSystem Meets Plans/Drawings Terminal CabinetsTermination of Control Equipment Enclosures Vertical Core DrillingWire Workstations by Convergint EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 31/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Total Project Investment: $ 20,678.00Thank 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,Fabian EscalanteConvergint TechnologiesBy signing below, I accept this proposal and agree to the Terms and Conditions contained hereinPhil Keith September 14, 2022Customer Name (Printed) DateAuthorized Signature Title EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 32/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Service QuotationQuote #: FE00485772PPrepared For: Prepared By:City of Victorville Fabian EscalanteVictorville Logistics Airport 1983 S. Santa Cruz St. 18374 Phantom West Anaheim, California 92805Victroville, California 92394 [email protected]: Phil KeithSourcewell Contract #030421-CTLDate:September 18, 2022Project:Video WorkstationScope of WorkConvergint Technologies' scope of work includes furnishing the material listed in the below bill of materials (BOM). Proposal does not include programming or installation services. Warranty to be direct with manufacturer. Pricing is valid for 60 days from the date of the proposal.MaterialLineQtyPartDescriptionUnit PriceExtended Price1 Sourcewell Contract #030421-CTL2 Off Contract3 2.00Precision 3660 TowerIntel Core i7-12700 processor (25MB Cache, 12 Core (8P+4E), 2.1GHz to 4.9GHz (65W)) TDP, Windows 11 Pro, 32GB, 4x8GB, DDR5 up to 4000MHz UDIMM non-ECC memory, Nvidia RTX A2000 12GB, 12GB, 4 mDP (Precision 3660), 512GB PCIe NVMe Class 40 M.2 SSD, Dell KB216 Wired Keyboard English, Dell Optical Mouse - MS116 (Black), ProSupport and Next Business Day Onsite Service 36 Month(s)$3,516.11 $7,032.22Equipment Total$ 7,032.22Freight$ 210.46Tax if Applicable$ 615.32Total Project Price$ 7,858.00Attach Purchase Order or Requisition if RequiredCustomer Authorization: Date:Customer Signature: Purchase Order #:
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 34/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Service QuotationQuote #: FE00485783PPrepared For: Prepared By:City of Victorville Fabian EscalanteVictorville Logistics Airport 1983 S. Santa Cruz St. 18374 Phantom West Anaheim, California 92805Victroville, California 92394 [email protected]: Phil Keith Sourcewell Contract #030421-CTLDate:September 14, 2022Project:Badging Workstation & PrinterScope of WorkConvergint Technologies' scope of work includes furnishing the material listed in the below bill of materials (BOM). Proposal does not include programming or installation services. Warranty to be direct with manufacturer. Pricing is valid for 60 days from the date of the proposal.MaterialLineQtyPartDescriptionUnit PriceExtended Price1 Sourcewell Contract #030421-CTL2 Off Contract3 1.00Precision 5820 TowerPrecision 5820 Tower XCTO Base; Intel Xeon W-2223, 3.6GHz, 3.9GHz Turbo HT, Windows 10 Pro for Workstations; 16GB RDIMM, 500GB SATA Hard Drive$2,012.40 $2,012.404 1.00 FGO-89652HDP5000 DUAL SIDE/HID PROX/MIFDESF/OMNIK$5,998.72 $5,998.72Equipment Total$ 8,011.12Freight$ 240.33Tax if Applicable$ 700.97Total Project Price$ 8,952.42Attach Purchase Order or Requisition if RequiredCustomer Authorization: Date:Customer Signature: Purchase Order #:
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 35/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Convergint Technologies’ Install Terms & Conditions Version 1.12 June 2020 Convergint Technologies Install Terms and Conditions
Throughout this Installation Proposal, the term, “Convergint” refers to the Convergint Technologies affiliate operating in the state/province in which the work is being performed.SECTION 1. THE WORKThis 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 (“Work”). This Installation Proposal commences on the Start Date as specified in the attached scope of work and represents the entire agreement between Convergint and Customer (the “Agreement”). 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 performing the Work;b.To pay for all labor, materials, equipment, tools, supervision, programming, testing, startup anddocumentation required to perform the Work in accordance with the Agreement;c.Secure and pay for permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, unless local regulations provide otherwise; andd.Hire subcontractors and order material to perform 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 promptly approve submittals provided by Convergint;b.To provide access to all areas of the facility which are necessary to complete the Work;c.To supply suitable electrical service as required by Convergint;andd.That in the event of any emergency or systems failure, reasonable safety precautions will be taken by Customer to protect life and property during the period of time 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 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 Customer's site. 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. PRICINGPricing 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/PST) and any other taxes assessed on Customer shall be added to the price upon invoice to Customer.SECTION 3. INVOICE REMITTANCE AND PAYMENTIf the Work is performed over more than a month, Convergint will invoice Customer each month for the Work performed during the previous month. Customer agrees to pay the amount due to Convergint as invoiced, within thirty (30) days of the date of such invoice. If the Work is completed in less than one month, Customer agrees to pay Convergint in full after the Work has been performed within thirty (30) days of the date of being invoiced. Invoices shall not include or be subject to a project retention percentage. If Customer is overdue in any payment to Convergint, Convergint shall be entitled to suspend the Work until paid, and charge Customer an interest rate 1 and 1/2% percent per month, (or the maximum rate permitted by law, whichever is less), and may avail itself of any other legal or equitable remedy. Customer shall reimburse Convergint costs incurred in collecting any amounts that become overdue, including attorney fees, court costs and any other reasonable expenditure.SECTION 4. WARRANTYConvergint provides the following SOLE AND EXCLUSIVE warranty to the Customer:For the period of one (1) year, commencing at the earlier of substantial completion of the Work, or first beneficial use, (“Warranty Period”):a.That Work performed under this Agreement will be ofgood quality;b.That all equipment will be new unless otherwise required or permitted by this Agreement;c.That the Work will be free from defects not inherent in the quality required or permitted; andd.That the Work will conform to the requirements ofthis Agreement.The Customer’s sole remedy for any breach of this warranty is that Convergint shall remove, replace and/or repair at its own 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 equipment or products installed by Convergint in the course of performing the Work hereunder shall only carry such warranty as is provided by the manufacturer thereof, which Convergint hereby assigns to Customer without recourse to Convergint. 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, modifications not executed by Convergint, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. NO FURTHER WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARE MADE WITH 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. CHANGESWithout 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 overhead and profit.SECTION 6. FORCE MAJEURENeither Customer nor Convergint shall be responsible or liable for, shall incur expense for, or be deemed to be in breach of this Agreement because of any delay in the performance of their respective obligations pursuant to this Agreement due solely 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: accident, fire, storm, water, flooding, negligence, vandalism, power failure, installation of incompatible equipment, improper operating procedures, source current fluctuations or lighting. If performance by either party is delayed due to Force Majeure, the time for that performance shall be extended for a period of time reasonably necessary to overcome the effect of the delay. Any Services 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. INSURANCEConvergint shall have the following insurance coverage during the term of this Agreement, and shall provide certificates of insurance to the Customer prior to beginning work hereunder:Worker’s Compensation Statutory LimitsEmployer’s Liability $1,000,000 per occurrence /aggregate Commercial General Liability $1,000,000 per occurrence/aggregate$2,000,000 general aggregateAutomobile Liability $1,000,000 per occurrence/aggregate Excess/Umbrella Liability $10,000,000 per occurrence/aggregateAll insurance policies carried by Convergint shall be primary to and noncontributory with the insurance afforded to Customer and shall name the Customer as “additional insured”, 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 prior to the termination or cancellation of any such insurance policy.SECTION 8. INDEMNIFICATIONConvergint shall indemnify and hold Customer harmless from and against claims, damages, losses and expenses, attributable to bodily injury, sickness, disease or death, or to destruction of tangible property, but only to the extent caused by: a) the negligent or willful acts or omissions of Convergint or Convergint’s employees or subcontractors while on Customer’s site, or b) the malfunction of the equipment supplied by Convergint, orc) Convergint’s breach of this Agreement.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. IN NO EVENT WILL CONVERGINT BE LIABLE TO CUSTOMER FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO CONVERGINT.It is understood and agreed by the parties hereto that Convergint is or may be providing intrusion products which are designed to provide notification of certain events but are not intended to 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 no 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. COMPLIANCE WITH LAW, SAFETY, & HAZARDOUS MATERIALSThis Agreement shall be governed and construed in accordance with the laws of the state/province in which the Work is being performed. Convergint agrees to comply with all laws and regulations relating to or governing its provision of the Work. Convergint shall comply with all safety related laws and regulations and with the safety program of the Customer, provided such program is supplied to Convergint prior to beginning work.In the event that Convergint discovers or suspects the presence of hazardous materials, or unsafe working conditions at Customer’s facility where the Work is to be performed, Convergint is entitled to stop the Work at that facility if such hazardous materials, or unsafe working conditions were not provided by or caused by Convergint. Convergint in its sole discretion shall determine when it is “safe” to return to perform the Work at Customer’s facility. Convergint shall have no responsibility for the discovery, presence, handling, removing or disposal of or exposure of persons to hazardous materials in any form at the Customer’s facility. Customer shall indemnify and hold harmless Convergint 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, or unsafe working conditions at Customer’s facility.Customer acknowledges that applicable law or regulation may limit Customer’s rights and impose obligations with respect to information or data obtained using software capable of obtaining what may in certain circumstances be characterized as biometric information (individually and collectively, the “Software”) and agrees that Customer is solely responsible to ensure its own compliance with such laws or regulations. Customer shall completely indemnify, defend (including pay attorneys’ fees and disbursements), and hold harmless Convergint, its affiliates, and any employees, agents, contractors or representatives of any of the foregoing from and against any and all losses, liability, damages, penalties, expenses, claims, demands, actions, or causes of action, judgments (finally awarded) or settlements (individually and collectively, “Liabilities”) arising from or related to any intentional or negligent acts or omissions of Customer or any of its agents, affiliates, employees, or representatives arising from or related to the Software, any hardware, software, or other services associated with the Software, or the use of any of the foregoing by or on behalf of Customer, including but not limited to those arising from or related to Customer’s failure to comply with applicable laws or regulations related to its use of the Software or any hardware, software, or other services associated with the Software, including but not limited to the Customer’s failure to obtain any necessary consents from affected individuals or provide any necessary disclosures or protections with respect to the information of such individuals under any applicable privacy or data security law, but excluding matters for which Convergint has agreed to indemnify Customer from and against third party claims for copyright and trade secret infringement under the terms of the End User License Agreement for the Software between Convergint and Customer. Notwithstanding the foregoing, Customer and Convergint agree that Liabilities suffered by a third party (other than an affiliate of Convergint) which are an element of loss subject to indemnification under this paragraph shall be deemed direct damages.SECTION 10. DISPUTESIn 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 authorized officers of each company. If settlement attempts are not successful, 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 and shall be a final binding resolution of the issues presented between the parties. The prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.SECTION 11. MISCELLANEOUSNeither party to this Agreement shall assign this Agreement without the prior written consent of the other party hereto. Convergint may assign this Agreement to any of its parents, subsidiaries or affiliated companies or any entity majority owned by Convergint.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.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 or Convergint and delivered to the non-waiving party according to the notice provision herein. 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, and indemnity, and disputes shall survive the termination of this Agreement.
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 36/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040
1General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 GENERAL SERVICES PROVIDER STANDARD AGREEMENTBY AND BETWEEN THE SOUTHERN CALIFORNIA LOGISTICS AIRPORT AUTHORITY AND CONVERGINT TECHNOLOGIES LLC FOR SECURITY SYSTEM UPGRADE, PROJECT CC23-040 THIS GENERAL SERVICES PROVIDER STANDARD AGREEMENT (hereinafter “Agreement”), is made and entered into by and between the Southern California Logistics Airport Authority, a joint powers authority located in the County of San Bernardino, State of California, hereinafter referred to as “SCLAA”, and Convergint Technologies LLC, hereinafter referred to as “Service Provider.” The SCLAA and Service Provider are sometimes hereinafter referred to individually as a “Party” and collectively referred to as the “Parties.” RECITALS: WHEREAS, the SCLAA requires Security System Upgrade; and WHEREAS, in light of the facts set forth above, the SCLAA desires to retain the services of a qualified service provider to provide, on an independent contractor basis, Security System Upgrade; and NOW THEREFORE, IN CONSIDERATION OF THE COVENANTS, CONDITIONS, AND PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: Section 1. RECITALS The Recitals set forth above are true and correct and are hereby incorporated into this Agreement by this reference, as though set forth fully herein. Section 2. SCOPE OF SERVICES Service Provider shall provide to the SCLAA those services set forth in the Scope of Services, attached hereto as Exhibit “A”, and incorporated as part of this Agreement by this reference. Section 3. COMPENSATION The SCLAA shall pay a total amount not to exceed One Hundred Thousand and 00/100 Dollars ($100,000.00) for the services rendered by Service Provider pursuant to this Agreement, subject to the provisions of Section 4 and California State Prevailing Wage Provisions, attached hereto as Exhibit “B” and incorporated herein by this reference as though set forth in full, subject to approval of the SCLA, when applicable. 2General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Section 4. SERVICE PROVIDER’S PROPOSAL The SCLAA shall pay Service Provider as provided in the Proposal, attached hereto as Exhibit “A” and incorporated as part of this Agreement by this reference. The provisions of Exhibit “A” notwithstanding, in order to receive payments, Service Provider shall be required to submit to the SCLAA monthly invoices detailing all services performed. Provided that services have been satisfactorily rendered, invoices shall be paid by the SCLAA approximately thirty (30) working days following receipt of Service Provider’s invoice. Section 5. RESERVED Section 6. TERM OF AGREEMENT This Agreement shall be for an initial term commencing on the date of full execution of the Agreement (the “Commencement Date”) and expiring on December 31, 2022 (the “Termination Date”) (the “Term”), unless terminated earlier pursuant to Section 21 of this Agreement. From and after the Termination Date, and upon subsequent agreement by the Parties, this Agreement may continue on a month-to-month basis until terminated pursuant to Section 21 below. Section 7. INDEPENDENT CONTRACTOR STATUS Service Provider shall at all times during the Initial Term of this Agreement, and (if applicable during any Option Periods), perform the services described in this Agreement as an independent contractor. Section 8. REPRESENTATIONS AND ACKNOWLEDGMENTS REGARDING INDEPENDENT CONTRACTOR’S STATUS OF SERVICE PROVIDER a. Service Provider represents and acknowledges the following: (1) The SCLAA is not required to provide any training or legal counsel to Service Provider or its employees in order for Service Provider to perform the services described in this Agreement. (2) Performance of the services described in this Agreement do not have to be integrated into the daily business operations of the SCLAA. (3) The services described in this Agreement can be performed without the use of the SCLAA equipment, materials, tools, or facilities, unless otherwise provided under a separate Agreement. (4) Nothing in this Agreement shall be interpreted to imply that the SCLAA must maintain any contractual relationship with Service Provider on a continuing basis after termination of this Agreement. (5) The SCLAA will not be requested or demanded to assume any liability for the direct payment of any salary, wage, or other such compensation to any person employed by Service Provider to perform the services described in this Agreement. 3General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 (6) Service Provider shall not at any time or in any manner represent that it or any of its officers, employees, or agents are employees of the SCLAA. b. The SCLAA represents and acknowledges the following: (1) Service Provider is solely responsible for determining who, under the supervision or direction of Service Provider, will perform the services set forth in this Agreement. (2) The SCLAA will not hire, supervise, or pay any employees or assistants working for Service Provider pursuant to this Agreement. Nothing contained in this Agreement shall prevent the SCLAA from hiring Service Provider’s employees or assistants after termination of this Agreement. (3) Nothing in this Agreement shall be interpreted to imply that Service Provider must maintain any contractual relationship with the SCLAA on a continuing basis after termination of this Agreement. (4) It is the sole responsibility of Service Provider to set the hours in which Service Provider performs or plans to perform the services set forth in this Agreement. (5) Service Provider is not required to devote full time to the business operations of the SCLAA in order to perform the services set forth in this Agreement. (6) Unless deemed necessary under certain circumstances, Service Provider is not required to perform the services set forth in this Agreement at City Hall or on the SCLAA-owned property. (7) Nothing in this Agreement shall be interpreted to preclude Service Provider from working for other persons or firms, provided that such work does not create a conflict of interest. Section 9. NOT AGENT OF THE SCLAA a. Nothing contained in this Agreement shall be deemed, construed, or represented by the SCLAA or Service Provider or by any third person to create the relationship of principal and agent. b. Service Provider shall have no authority, express or implied, to act on behalf of the SCLAA in any capacity whatsoever as an agent, nor shall Service Provider have any authority, express or implied, to bind the SCLAA to any obligation whatsoever. Section 10. LICENSES AND PERMITS Service Provider represents that it has obtained and will maintain at all times during the initial Term, and (if applicable, during any Option Periods) of this Agreement all business licenses, including but not limited to a City of Victorville business license, certifications, or permits necessary for performing the services described in this Agreement. 4General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Section 11. WARRANTYService Provider agrees to perform all services required by this Agreement in a workmanlike competent and satisfactory manner in accordance with the standards prevalent in the industry for such services. Section 12. FAMILIARITY WITH WORK Should Service Provider discover any latent or unknown conditions materially differing from those inherent in the services or as represented by the SCLAA, Service Provider shall immediately inform the SCLAA of such fact and shall not provide any services, except at Service Provider's risk, until written instructions are received from C. Eric Ray, Airport Director or his designee. Section 13. CONFLICTS OF INTEREST Service Provider covenants that it does not have any interest, nor shall it acquire any interest, directly or indirectly, which would conflict in any manner with the performance of Service Provider’s services under this Agreement. Service Provider further covenants that in the performance of services under this Agreement, no officer, employee or agent of Service Provider having such an interest shall be employed by it. In the event the SCLAA determines that Service Provider must disclose its financial interests by completing and filing a Fair Political Practices Commission Form 700, Statement of Economic Interests, Service Provider shall file such Form 700 with Authority Secretary’s Office pursuant to the written instructions provided by the Authority Secretary. Section 14. COMPLIANCE WITH LAWS Service Provider shall comply with all local, state, and federal laws and regulations applicable to the services to be rendered hereunder, including any rule, regulation, or bylaw governing the conduct or performance of Service Provider or its employees, officers, or board members. Section 15. COMMERCIAL GENERAL AND AUTOMOBILE LIABILITY INSURANCE a. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), commercial general liability insurance, of not less than One Million Dollars ($1,000,000) per occurrence, and Two Million Dollars ($2,000,000) in the aggregate, for bodily injury, personal injury, death, loss, or damage resulting from the wrongful or negligent acts by Service Provider or its officers, employees, servants, volunteers, and agents and independent contractors. b. Service Provider shall further procure and maintain, at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods) commercial vehicle liability insurance covering personal injury and property damage, of not less than One Million Dollars ($1,000,000) combined single limit, covering any vehicle utilized by Service Provider or its officers, employees, servants, volunteers, agents and independent contractors in performing the services required by this Agreement. 5General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Section 16. WORKERS' COMPENSATION INSURANCEa. Service Provider shall procure and maintain at its own expense, during the initial Term of this Agreement, and (if applicable, during any Option Periods), workers' compensation insurance, providing coverage as required by the California State Workers' Compensation Law. b. If any class of employees employed by the Service Provider pursuant to this Agreement is not protected by the California State Workers' Compensation Law, Service Provider shall provide adequate insurance for the protection of such employees to the satisfaction of the SCLAA. Section 17. SUBCONTRACTORS The Service Provider shall include all Subcontractors as insured under the policies or shall furnish separate certificates and endorsements for each Subcontractor. All coverage for Subcontractors shall be subject to all the requirements stated herein, and Service Provider shall ensure that the City of Victorville is an additional insured on insurance required from subcontractors. Section 18. ADDITIONAL INSURED Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the SCLAA, the City of Victorville, and their respective officials, officers, employees, servants, volunteers, agents, independent contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver. Section 19. WAIVER OF SUBROGATION RIGHTS Service Provider shall require the carriers of all required insurance policies to waive all rights of subrogation against the SCLAA, the City of Victorville, and their respective officials, officers, employees, servants, volunteers, agents, independent contractors, and subcontractors. Each policy of insurance shall be endorsed to reflect such waiver. Section 20. PROOF OF INSURANCE COVERAGE; REQUIRED ENDORSEMENTS a. Service Provider shall secure from a good and responsible company or companies authorized to transact insurance business in the State of California, the policies of insurance required by this Agreement and furnish to the Authority Secretary certificates of insurance evidencing the required coverage, and policy endorsements at least one (1) business day prior to the commencement of any services to be performed under this Agreement. b. The policies and certificates of insurance shall be endorsed to provide that in the event of cancellation or amendment of any required insurance policy for any reason whatsoever, the SCLAA shall be notified by mail, postage prepaid, not less than thirty (30) days before the cancellation or amendment is effective. In the case of cancellation for non-payment, ten (10) days advance written notice shall be given. c. Each policy and certificate of insurance shall be endorsed to provide that the policy shall not be terminated or expire without first providing thirty (30) days written notice to the SCLAA of such termination or expiration. 6General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 d. Each policy and certificate of insurance shall be endorsed to provide that the policy will be maintained throughout the Initial Term, and (if applicable during any Option Periods) of this Agreement. e. The commercial general liability and vehicle liability policies shall be endorsed to contain the following provision: “For any claims related to this Agreement, Service Provider’s coverage shall be primary with respect to the SCLAA. Any insurance maintained by the SCLAA shall be in excess of Service Provider’s insurance and shall not contribute with it.” Section 21. TERMINATION OR SUSPENSION a. This Agreement may be terminated or suspended without cause by either Party at any time, provided that the Party initiating the termination provides the other Party at least thirty (30) days advance written notice of such termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination. b. This Agreement may be terminated or suspended with cause by either Party at any time, provided that the Party initiating termination provides the other Party at least ten (10) days advance written notice of such termination or suspension. In the event of such termination, the SCLAA shall only be liable for payment under the payment provisions of this Agreement for satisfactory services rendered or supplies actually furnished prior to the effective date of termination. Section 22. TIME OF THE ESSENCE Time is of the essence in the performance of this Agreement. Section 23. INDEMNIFICATION a. Service Provider shall defend, indemnify, and hold harmless the SCLAA, its officers, employees, representatives, and agents, from and against those actions, suits, proceedings, claims, demands, losses, costs, and expenses, including legal costs and attorneys fees, for any personal injuries, deaths, or property damage (including property owned by the SCLAA), which may arise out of Service Provider's negligence or willful misconduct in the performance of the services described in this Agreement, unless such losses or damages are proven to be caused by the SCLAA's own negligence or willful misconduct, or that of its officers or employees. b. The SCLAA does not and shall not waive any rights that it may have against Service Provider under this Section, because of the acceptance by the SCLAA, or the deposit with the SCLAA, of any insurance policy or certificate required pursuant to this Agreement. The hold harmless and indemnification provisions of this Section shall apply regardless of whether said insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost, or expense described herein. c. Convergint’s obligation to indemnify defend and hold harmless shall not extend beyond its own fault, or the fault of those for which is liable such as agents and employees. 7General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 d. To the fullest extent allowed by law, in no event shall either the SCLAA or Service Provider be liable to the other party hereto, or to any indemnitee, for special, indirect, incidental, liquidated, 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. Section 24. REPORTS Upon request by C. Eric Ray, Airport Director, or his designee, Service Provider shall prepare and submit reports to the SCLAA concerning Service Provider's performance of the services required by this Agreement. Section 25. RECORDSa. Service Provider shall keep such books and records as shall be necessary to perform the services required by this Agreement and enable C. Eric Ray, Airport Director or his designee, to evaluate the cost and the performance of such services. b. Books and records pertaining to costs shall be kept and prepared in accordance with generally accepted accounting principles. c. C. Eric Ray, Airport Director or his designee, shall have full and free access to such books and records at all reasonable times, including the right to inspect, copy, audit, and make records and transcripts from such records. d. Records and supporting documents pertaining to the use of funds paid to Service Provider hereunder shall be retained by Service Provider and made available to C. Eric Ray, Airport Director, or his designee, for purposes of performing an audit for a period of five (5) years from the date of termination of this Agreement. Section 26. RESERVED Section 27. CONFIDENTIALITYa. Any and all documents and information obtained from the SCLAA or prepared by Service Provider for the SCLAA shall be kept strictly confidential unless otherwise provided by applicable law. All the SCLAA data, documents and information shall be returned to the SCLAA upon termination of the Agreement. b. Any drawings, specifications, reports, records, documents, or other materials prepared by Service Provider in the performance of services under this Agreement shall not be released publicly without the prior written approval of C. Eric Ray, Airport Director, or his designee, or as required by applicable law. c. Service Provider shall not disclose to any other entity or person any information regarding the activities of the SCLAA, except with the prior written approval of C. Eric Ray, Airport Director or his designee, or as required by applicable law. 8General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Section 28. PRINCIPAL REPRESENTATIVES a. Steven Sanchez General Manager, is designated as the principal representative of Service Provider for purposes of communicating with the SCLAA on any matter associated with the performance of the services set forth in this Agreement. b. C. Eric Ray, Airport Director, or his designee, shall be the principal representative(s) of the SCLAA for purposes of communicating with Service Provider on any matter associated with the performance of the services set forth in this Agreement. c. Either Party may designate another individual as its principal representative by giving written notice of such designation to the other Party. Section 29. MODIFICATIONS AND AMENDMENTS This Agreement may be modified or amended only by a written instrument signed by both Parties. Section 30. ENTIRE AGREEMENT a. This Agreement supersedes any and all prior or contemporaneous Agreements, either oral or written, between the SCLAA and Service Provider with respect to the subject matter of this Agreement. b. This Agreement contains all of the covenants and Agreements between the Parties with respect to the subject matter of this Agreement, and each Party to this Agreement acknowledges that no representations, inducements, promises, or Agreements have been made by or on behalf of any Party, except those covenants and Agreements in this Agreement. c. No Agreement, statement, or promise with respect to the subject matter of this Agreement, which is not contained in this Agreement, or in a valid modification or amendment to this Agreement, shall be valid or binding on either Party. Section 31. AMBIGUITIES This Agreement is in all respects intended by each Party hereto to be deemed and construed to have been jointly prepared by the Parties and the Parties hereby expressly agree that any uncertainty or ambiguity existing herein shall not be interpreted against either of them. Except as expressly limited by this paragraph, all of the applicable rules of interpretation of contract shall govern the interpretation of any uncertainty or ambiguity of this Agreement. Notwithstanding the foregoing, the Parties agree that Exhibit “A” is attached hereto for reference purposes and to the extent there are any ambiguities, inconsistencies or conflicts between the terms of this General Services Provider Standard Agreement and Exhibit “A”, the terms of this General Services Provider Standard Agreement shall control and nothing set forth in Exhibit “A” shall be deemed to supersede any of the provisions of this General Services Provider Standard Agreement. 9General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Section 32. NOTICESa. Any notice to be provided pursuant to this Agreement shall be in writing, and all such notices shall be delivered by personal service or by deposit in the United States mail, certified or registered, return receipt requested, with postage prepaid, and addressed to the Parties as follows: To the SCLAA: C. Eric Ray, Airport Director Southern California Logistics Airport Authority 18374 Phantom West Victorville, CA 92394 To Provider: Steven Sanchez, General Manager Convergint Technologies LLC 1667 N. Batavia St. Orange, CA 92867 b. Notices, payments, and other documents shall be deemed delivered upon receipt by personal service or as of the second (2nd) day after deposit in the United States mail. Section 33. NON-LIABILITY OF THE SCLAA OFFICERS AND EMPLOYEES No officer or employee of the SCLAA shall be personally liable to Service Provider, or any successor in interest, in the event of any default or breach by the SCLAA or for any amount, which may become due to Service Provider or to its successor(s), or for any breach of any obligation of the terms of this Agreement. Section 34. REVIEW BY ATTORNEYS Each Party hereto has had its attorney(s) review this Agreement and all related documents. Each Party hereto has consulted with its attorney(s) and has negotiated the terms of this Agreement based on such consultation. Section 35. WAIVER a. No waiver shall be binding unless executed in writing by the Party making the waiver. b. No waiver of any provision of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. c. Failure of either Party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of such provision or any of the remaining provisions of this Agreement. 10General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Section 36. ASSIGNMENTThis Agreement shall not be assigned by either Party without prior written consent of the other Party. Section 37. CARE OF WORK The performance of services by Service Provider or the payment of money by the SCLAA shall not relieve Service Provider from any obligation to correct any incomplete, inaccurate, or defective work at no further cost to the SCLAA, when such incomplete, inaccurate or defective work is due to the negligence of Service Provider. Section 38. CAPTIONS AND HEADINGS The captions and headings contained in this Agreement are provided for identification purposes only and shall not be interpreted to limit or define the content of the provisions described under the respective caption or heading. Section 39. SUCCESSORS, HEIRS, AND ASSIGNS Except as otherwise expressly provided herein, this Agreement shall be binding upon the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties to this Agreement and, likewise, shall inure to the benefit of the successors, endorsees, assigns, heirs, and personal representatives of each of the Parties. Section 40. GENDER In this Agreement, unless the context clearly requires otherwise, the masculine, feminine and neuter genders and the singular and the plural shall include one another. Section 41. SEVERABILITY If any one or more of the sentences, clauses, paragraphs, or sections contained herein is declared invalid, void, or unenforceable by a court of competent jurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair, or invalidate any of the remaining sentences, clauses, paragraphs, or sections contained herein. Section 42. GOVERNING LAW The validity of this Agreement and any of its terms or provisions, as well as the rights and duties of the Parties under this Agreement, shall be construed pursuant to and in accordance with California law. Section 43. DEFAULT a. Failure or delay by any Party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided however, that if the Party who is otherwise claimed to be in default by the other Party commences to cure, correct, or remedy the alleged default within fifteen (15) days after receipt of written notice specifying such default and shall diligently complete such cure, correction, or remedy, such Party shall not be deemed to be in default hereunder. 11General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 b. The Party claiming that a default has occurred shall give written notice of default to the Party in default, specifying the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured Party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. c. Any failure or delay by a Party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. d. In the event that a default by any Party to this Agreement may remain uncured for more than fifteen (15) days following written notice, as provided above, the injured Party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. Section 44. CUMULATIVE REMEDIES Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default of any other default by the other Party. Section 45. VENUE All proceedings involving disputes over the terms, provisions, covenants, or conditions contained in this Agreement and all proceedings involving any enforcement action related to this Agreement shall be initiated and conducted in the applicable court or forum in San Bernardino County, California. Section 46. ATTORNEYS’ FEES In the event any action, suit, or proceeding is brought for the enforcement of, or the declaration of any right or obligation pursuant to this Agreement, or as a result of any alleged breach of any provision of this Agreement, the prevailing Party in such suit or proceeding shall be entitled to recover its costs and expenses, including reasonable attorneys’ fees, from the losing Party, and any judgment or decree rendered in such a proceeding shall include an award thereof. Section 47. EFFECTIVENESS OF AGREEMENT This Agreement shall not be binding upon the SCLAA, until signed by the authorized representative(s) of Service Provider, approved by the SCLAA’s Risk Manager, and executed by the authorized the SCLAA personnel or Authority Chairman. Section 48. REPRESENTATIONS OF PARTIES AND PERSONS EXECUTING AGREEMENT a. Each of the Parties to this Agreement hereby represents that all necessary and appropriate actions of their governing bodies have been taken to make this Agreement a binding obligation of each of the Parties hereto. 12General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 b. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the Parties each purports to represent. Section 49. COUNTERPARTS This Agreement may be executed by the Parties in counterparts, and when executed by each of the Parties, each counterpart shall be deemed to be a part of this Agreement. (END OF THIS PAGE) 13General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed as of the dates written below. SOUTHERN CALIFORNIA LOGISTICS CONVERGINT TECHNOLOGIES LLC AIRPORT AUTHORITY By: _____________________________ By: _____________________________ Keith C. Metzler, Steven Sanchez Executive Director General Manager Dated: ___________________________ Dated: _________________________ SOUTHERN CALIFORNIA LOGISTICS APPROVED AS TO STANDARD FORM AUTHORITY By: ______________________________ By: _____________________________ Lee Brown, Andre de Bortnowsky, Authority Risk Manager Authority Legal Counsel Dated: ___________________________ Dated: __________________________ 14General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 EXHIBIT ASCOPE OF SERVICES/PROPOSALSee Attachment
1983 S. Santa Cruz St., Anaheim, California 92805Phone Mobile (949) [email protected] 14, 2022City of Victorville Quotation: FE00487033PVictorville Logistics Airport License/CertC-10 License #98640718374 Phantom WestVictroville, California 92394Attention: Phil KeithReference: Lenel Upgrade-v2Sourcewell Contract #030421-CTLOn 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 SDM 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.
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 15/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Scope of WorkConvergint Technologies' scope of work includes furnishing, installing, programming and commissioning the material listed in the attached bill of materials (BOM) as outlined below and with regards to the data listed in the clarifications and exclusions section of this proposal. Proposal complies with prevailing wage labor requirements.The scope of work will include the upgrade of Lenel OnGuard at the Victorville Logistics Airport. Convergint will upgrade the existing OnGuard system supporting 150 doors from ver 7.4.457 to version 8.0. In addition, Convergint will replace both existing servers with new Dell servers. Convergint will provide installation staff, project specialists, and project management to oversee implementation. Convergint will install the new servers, load Lenel Onguard on the new servers, migrate the existing OnGuard database to the new servers, and upgrade the existing environment to OnGuard ver 8.0. In addition, Convergint will replace (13) Lenel 2000 boards with the newer LNL-X2220 boards. City to provide POE network switch ports, server cabinet, UPS, and IP addresses. Proposal requires City to have an active Lenel OnGuard SUSP in place. Proposal does not include any additional Lenel OnGuard licensing. Lenel failover will be configured as is today. Convergint can provide additional failover options which may be at additional cost.WarrantyConvergint will provide a one-year labor warranty and a one-year material warranty on equipment provided by Convergint. Provision of labor and materials after the first year will be billed on a time and materials basis.
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 16/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Bill of MaterialsLineQtyManufacturerPartDescriptionUnit PriceExtended Price1 Sourcewell Contract #030421-CTL2 13.00 Lenel LNL-X2220Intelligent Dual Reader Controller powered by 12 or 24 VDC @ 500mA (w/o Rdr Power),, size (6 (152mm) W x 8 (203mm) L x 1 (25mm)H); 6 MB standard cardholder flash memory, 50,000 of event memory, maximum of 32 devices, On-board Ethernet, Dual Path capability, on-board two door control, OSDP Secure Channel encryption with OnGuard 7.2, Wiegand or F2F; eight inputs, four outputs, cabinet tamper and power fault input monitors. Approvals: FCC Part 15, CE, RoHS, UL 294, UL 1076, CAN/ULC 60839-11-1:2016, CSA C22.2 No. 205-1983, cUL/ORD-C1076$ 1,874.96 $24,374.483 Off Contract4 2.00 Dell R440-4TB-2022-08PowerEdge R440 Server, Intel Xeon Silver 4310, 2.1G, 12C/24T, 10.4GT/s , 18M Cache, Turbo, HT (120W) DDR4-2666, 32GB RDIMM, (2) 2TB hard drives, Windows Server 2019, dual power supplies, 3 years ProSupport Next Business Day On-Site On-Site.$ 5,998.51 $11,997.025 1.00 ADI Misc Misc Hardware $ 285.71 $ 285.716 All Labor complies with Sourcewell Contract #030421-CTLEquipment Total$ 36,657.21Total Labor/Other Costs$ 10,188.00Freight/Warranty$ 2,325.28Tax if Applicable$ 3,207.51Total Project Price$ 52,378.00 EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 17/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Clarifications and Exclusion 1. All work proposed herein, shall be performed during normal business hours Mondaythrough Friday 7:00 am - 4:00 pm.2. Provision or installation of conduit, cable, boxes, fittings or other electrical installationmaterials are excluded.3. Proposal requires City to have an active Lenel OnGuard SUSP in place.4. Proposal does not include any additional Lenel OnGuard licensing. Lenel failover will beconfigured as is today.5. Permits or associated fees are not included.6. Customer to provide static IP addresses, server cabinet, UPS, and network switch ports.7. Twenty-Five percent (25%) of the proposed sell price shall be payable to Convergint forproject mobilization. Mobilization shall be invoiced and due upon customer acceptance ofthis proposal.8. Pricing is valid for 60 days from the date of the proposal. If accepted, please sign and datebelow and return to Convergint Technologies with the appropriate purchase orderinformation.9. Anything in the Contract Documents notwithstanding, in no event shall either Contractoror 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 advisedof the possibility of such damages.10. Convergint reserves the right to negotiate mutually acceptable contract terms andconditions with customer by making mutually agreeable changes to the formal contractincluded in the Bid Documents.
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 18/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Performance ItemsItems IncludedApplicable Taxes Material (listed in the BOM)Mounting/Termination of Proposed Devices One-Year Warranty on LaborOwner Training Project ManagementServers by Convergint System ProgrammingTesting of all Proposed Devices Workstations by OthersItems Excluded120 VAC Power and Fused Disconnect Switch 120 VAC Power ReceptaclesAdditional Lighting Requirements for Cameras Attend General Contractor Project MeetingsAttend Owner Project Meetings Authority having Jurisdiction permit drawing (requires customer CAD)Cable Ceiling Tiles and Ceiling Grid RepairsConnection to Building Fire Alarm Panel Correction of Wiring Faults Caused by OthersDoor wiring typical connections Electrical Installation PermitElectrified Door Locking Hardware Engineering and DrawingsEquipment rack layout drawing FA Permit and Plan Review FeesFire Stopping (Excludes Existing Penetrations) Fire WatchFloor Coverings for Lifts Floor plan with device placement and numbering (requires customer CAD)Freight (prepaid) Horizontal Core DrillingInstallation of Bridle Rings Installation of CCTV CamerasInstallation of Conduit, Boxes and Fittings Installation of Control Equipment EnclosuresInstallation of Control Panels Installation of Intercom SystemsInstallation of Intrusion Panels Installation of Low Voltage WireInstallation of Network Cabling to Card Readers Installation of Network Cabling to IP CamerasInstallation of Network Cabling to IP Intercoms Installation of Specialty BackboxesInstallation of Terminal Cabinets Installation of Video Recorders (DVR/NVR)Installation of Wire and Cable Installation of Wire HangarsLifts Loading Software on Customer Provided ComputerLow Voltage Permits On-Site Lockable Storage FacilityOne-Year Warranty on Parts Operations & Maintenance ManualsOwner to Provide DHCP Lease Reservations for Network Connected DevicesOwner to Provide Static IP AddressesPanel Wall Elevation drawing (may require customer CAD)Panel wiring with point to point connectionsPatch and Paint Payment & Performance BondsRecord Documentation (As-Built) Riser drawing with home run wiringServers by Others Specialty BackboxesSubmittal Drawings System EngineeringSystem is Design-Build System Meets Plans/DrawingsTerminal Cabinets Termination of Control Equipment EnclosuresVertical Core Drilling Wire Workstations by Convergint EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 19/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Total Project Investment: $ 52,378.00Thank 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,Fabian EscalanteConvergint TechnologiesBy signing below, I accept this proposal and agree to the Terms and Conditions contained hereinPhil Keith September 14, 2022Customer Name (Printed) DateAuthorized Signature Title EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 20/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 1983 S. Santa Cruz St., Anaheim, California 92805Phone Mobile (949) [email protected] 14, 2022City of Victorville Quotation: FE00486952PVictorville Logistics Airport License/CertC-10 License #98640718374 Phantom WestVictroville, California 92394Attention: Phil KeithReference: Milestone Video Management System Sourcewell Contract #030421-CTLOn 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 SDM 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.
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 27/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Scope of WorkConvergint Technologies' scope of work includes furnishing, installing, programming and commissioning the material listed in the attached bill of materials (BOM) as outlined below and with regards to the data listed in the clarifications and exclusions section of this proposal. Proposal complies with prevailing wage labor requirements.The scope of work will include the installation of a Milestone video surveillance system at the Victorville Logistics Airport. The project will include the installation of a new Dell server with 64TB of raw storage together with the Milestone Professional software licensed for 23 cameras. In addition, Convergint will load the Airport’s exiting 23 cameras into Milestone and will integrate the system with the Airport’s existing Lenel OnGuard software. Convergint will provide installation staff, project specialists, and project management to oversee implementation. Convergint will install the new NVR to support the new cameras, load the 23 existing cameras, and will commission the system. Convergint will also provide a 2-hour training session on the use of the system and will install the video client on up to 2 customer-provided workstations. City to provide POE network switch ports, server cabinet, UPS, and IP addresses. Software licensing is included together with a one-year software maintenance agreement from Milestone entitling City to new software downloads from Milestone. Proposal does not included repairing, aiming, cleaning, nor focusing any of the existing cameras.Note: Storage has been calculated based on recording at 15 frames per second, 1080P, with continuous recording and retained for a minimum of 30 days. Storage requirements will vary based on recording parameters (frames per second, motion settings, motion activity, resolution, and retention period).WarrantyConvergint will provide a one-year labor warranty and a one-year material warranty on equipment provided by Convergint. Provision of labor and materials after the first year will be billed on a time and materials basis.
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 28/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Bill of MaterialsLineQtyManufacturerPartDescriptionUnit PriceExtended Price1 Sourcewell Contract #030421-CTL2 1.00 Milestone MIL-XPPPLUSBL XProtect Professional+ Base License $ 474.00 $ 474.003 23.00 Milestone MIL-XPPPLUSDL XProtect Professional+ Device License $ 105.46 $ 2,425.584 23.00 Milestone MIL-YXPPPLUSDL One Year Care Plus for Professional + $ 29.45 $ 677.355 1.00 Milestone MIL-XPABL XProtect Access Base License $ 0.00 $ 0.006 150.00 Milestone MIL-XPADL XProtect Access Door License $ 0.00 $ 0.007 Off Contract8 1.00 Dell R540-64TB-2022PowerEdge R540 Server, Dual Intel Xeon Silver 4216 2.1G, 16C/32T, 9.6GT/s, 22M Cache, Turbo, HT (100W) DDR4-2400, Windows Server 2019 Standard, 32GB RDIMM, 3200MT/s, (8) 8TB 7.2K RPM SATA 12Gbps 512e 3.5in Hot-plug Hard Drive, Dual, Hot-Plug, Redundant Power Supply (1+1), 750W, Next Business Day Onsite Service Initial, 36 Month(s)$ 9,075.06 $ 9,075.069 All Labor Complies with Sourcewell Contract #030421-CTLEquipment Total$ 12,651.99Total Labor/Other Costs$ 6,448.00Freight/Warranty$ 783.94Tax if Applicable$ 794.07Total Project Price$ 20,678.00 EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 29/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Clarifications and Exclusion 1. All work proposed herein, shall be performed during normal business hours Mondaythrough Friday 7:00 am - 4:00 pm.2. Provision or installation of conduit, cable, boxes, fittings or other electrical installationmaterials are excluded.3. Proposal does not included repairing, aiming, cleaning, nor focusing any of the existingcameras.4. Permits or associated fees are not included.5. Customer to provide static IP addresses, server cabinet, UPS, and network switch ports.6. Twenty-Five percent (25%) of the proposed sell price shall be payable to Convergint forproject mobilization. Mobilization shall be invoiced and due upon customer acceptance ofthis proposal.7. Pricing is valid for 60 days from the date of the proposal. If accepted, please sign and datebelow and return to Convergint Technologies with the appropriate purchase orderinformation.8. Anything in the Contract Documents notwithstanding, in no event shall either Contractoror 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 advisedof the possibility of such damages.9. Convergint reserves the right to negotiate mutually acceptable contract terms andconditions with customer by making mutually agreeable changes to the formal contractincluded in the Bid Documents.
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 30/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Performance ItemsItems IncludedApplicable Taxes Installation of Video Recorders (DVR/NVR)Loading Software on Customer Provided Computer Material (listed in the BOM)One-Year Warranty on Labor Owner TrainingProject Management Servers by ConvergintSystem Programming Testing of all Proposed DevicesWorkstations by OthersItems Excluded120 VAC Power and Fused Disconnect Switch 120 VAC Power ReceptaclesAdditional Lighting Requirements for Cameras Attend General Contractor Project MeetingsAttend Owner Project Meetings Authority having Jurisdiction permit drawing (requires customer CAD)Cable Ceiling Tiles and Ceiling Grid RepairsConnection to Building Fire Alarm Panel Correction of Wiring Faults Caused by OthersDoor wiring typical connections Electrical Installation PermitElectrified Door Locking Hardware Engineering and DrawingsEquipment rack layout drawing FA Permit and Plan Review FeesFire Stopping (Excludes Existing Penetrations) Fire WatchFloor Coverings for Lifts Floor plan with device placement and numbering (requires customer CAD)Freight (prepaid) Horizontal Core DrillingInstallation of Bridle Rings Installation of CCTV CamerasInstallation of Conduit, Boxes and Fittings Installation of Control Equipment EnclosuresInstallation of Control Panels Installation of Intercom SystemsInstallation of Intrusion Panels Installation of Low Voltage WireInstallation of Network Cabling to Card Readers Installation of Network Cabling to IP CamerasInstallation of Network Cabling to IP Intercoms Installation of Specialty BackboxesInstallation of Terminal Cabinets Installation of Wire and CableInstallation of Wire Hangars LiftsLow Voltage Permits Mounting/Termination of Proposed DevicesOn-Site Lockable Storage Facility One-Year Warranty on PartsOperations & Maintenance Manuals Owner to Provide DHCP Lease Reservations for Network Connected DevicesOwner to Provide Static IP Addresses Panel Wall Elevation drawing (may require customer CAD)Panel wiring with point to point connections Patch and PaintPayment & Performance Bonds Record Documentation (As-Built)Riser drawing with home run wiring Servers by OthersSpecialty Backboxes Submittal DrawingsSystem Engineering System is Design-BuildSystem Meets Plans/Drawings Terminal CabinetsTermination of Control Equipment Enclosures Vertical Core DrillingWire Workstations by Convergint EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 31/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Total Project Investment: $ 20,678.00Thank 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,Fabian EscalanteConvergint TechnologiesBy signing below, I accept this proposal and agree to the Terms and Conditions contained hereinPhil Keith September 14, 2022Customer Name (Printed) DateAuthorized Signature Title EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 32/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Service QuotationQuote #: FE00485772PPrepared For: Prepared By:City of Victorville Fabian EscalanteVictorville Logistics Airport 1983 S. Santa Cruz St. 18374 Phantom West Anaheim, California 92805Victroville, California 92394 [email protected]: Phil KeithSourcewell Contract #030421-CTLDate:September 18, 2022Project:Video WorkstationScope of WorkConvergint Technologies' scope of work includes furnishing the material listed in the below bill of materials (BOM). Proposal does not include programming or installation services. Warranty to be direct with manufacturer. Pricing is valid for 60 days from the date of the proposal.MaterialLineQtyPartDescriptionUnit PriceExtended Price1 Sourcewell Contract #030421-CTL2 Off Contract3 2.00Precision 3660 TowerIntel Core i7-12700 processor (25MB Cache, 12 Core (8P+4E), 2.1GHz to 4.9GHz (65W)) TDP, Windows 11 Pro, 32GB, 4x8GB, DDR5 up to 4000MHz UDIMM non-ECC memory, Nvidia RTX A2000 12GB, 12GB, 4 mDP (Precision 3660), 512GB PCIe NVMe Class 40 M.2 SSD, Dell KB216 Wired Keyboard English, Dell Optical Mouse - MS116 (Black), ProSupport and Next Business Day Onsite Service 36 Month(s)$3,516.11 $7,032.22Equipment Total$ 7,032.22Freight$ 210.46Tax if Applicable$ 615.32Total Project Price$ 7,858.00Attach Purchase Order or Requisition if RequiredCustomer Authorization: Date:Customer Signature: Purchase Order #:
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 34/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Service QuotationQuote #: FE00485783PPrepared For: Prepared By:City of Victorville Fabian EscalanteVictorville Logistics Airport 1983 S. Santa Cruz St. 18374 Phantom West Anaheim, California 92805Victroville, California 92394 [email protected]: Phil Keith Sourcewell Contract #030421-CTLDate:September 14, 2022Project:Badging Workstation & PrinterScope of WorkConvergint Technologies' scope of work includes furnishing the material listed in the below bill of materials (BOM). Proposal does not include programming or installation services. Warranty to be direct with manufacturer. Pricing is valid for 60 days from the date of the proposal.MaterialLineQtyPartDescriptionUnit PriceExtended Price1 Sourcewell Contract #030421-CTL2 Off Contract3 1.00Precision 5820 TowerPrecision 5820 Tower XCTO Base; Intel Xeon W-2223, 3.6GHz, 3.9GHz Turbo HT, Windows 10 Pro for Workstations; 16GB RDIMM, 500GB SATA Hard Drive$2,012.40 $2,012.404 1.00 FGO-89652HDP5000 DUAL SIDE/HID PROX/MIFDESF/OMNIK$5,998.72 $5,998.72Equipment Total$ 8,011.12Freight$ 240.33Tax if Applicable$ 700.97Total Project Price$ 8,952.42Attach Purchase Order or Requisition if RequiredCustomer Authorization: Date:Customer Signature: Purchase Order #:
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 35/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 Convergint Technologies’ Install Terms & Conditions Version 1.12 June 2020 Convergint Technologies Install Terms and Conditions
Throughout this Installation Proposal, the term, “Convergint” refers to the Convergint Technologies affiliate operating in the state/province in which the work is being performed.SECTION 1. THE WORKThis 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 (“Work”). This Installation Proposal commences on the Start Date as specified in the attached scope of work and represents the entire agreement between Convergint and Customer (the “Agreement”). 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 performing the Work;b.To pay for all labor, materials, equipment, tools, supervision, programming, testing, startup anddocumentation required to perform the Work in accordance with the Agreement;c.Secure and pay for permits and governmental fees, licenses and inspections necessary for proper execution and completion of the Work, unless local regulations provide otherwise; andd.Hire subcontractors and order material to perform 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 promptly approve submittals provided by Convergint;b.To provide access to all areas of the facility which are necessary to complete the Work;c.To supply suitable electrical service as required by Convergint;andd.That in the event of any emergency or systems failure, reasonable safety precautions will be taken by Customer to protect life and property during the period of time 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 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 Customer's site. 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. PRICINGPricing 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/PST) and any other taxes assessed on Customer shall be added to the price upon invoice to Customer.SECTION 3. INVOICE REMITTANCE AND PAYMENTIf the Work is performed over more than a month, Convergint will invoice Customer each month for the Work performed during the previous month. Customer agrees to pay the amount due to Convergint as invoiced, within thirty (30) days of the date of such invoice. If the Work is completed in less than one month, Customer agrees to pay Convergint in full after the Work has been performed within thirty (30) days of the date of being invoiced. Invoices shall not include or be subject to a project retention percentage. If Customer is overdue in any payment to Convergint, Convergint shall be entitled to suspend the Work until paid, and charge Customer an interest rate 1 and 1/2% percent per month, (or the maximum rate permitted by law, whichever is less), and may avail itself of any other legal or equitable remedy. Customer shall reimburse Convergint costs incurred in collecting any amounts that become overdue, including attorney fees, court costs and any other reasonable expenditure.SECTION 4. WARRANTYConvergint provides the following SOLE AND EXCLUSIVE warranty to the Customer:For the period of one (1) year, commencing at the earlier of substantial completion of the Work, or first beneficial use, (“Warranty Period”):a.That Work performed under this Agreement will be ofgood quality;b.That all equipment will be new unless otherwise required or permitted by this Agreement;c.That the Work will be free from defects not inherent in the quality required or permitted; andd.That the Work will conform to the requirements ofthis Agreement.The Customer’s sole remedy for any breach of this warranty is that Convergint shall remove, replace and/or repair at its own 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 equipment or products installed by Convergint in the course of performing the Work hereunder shall only carry such warranty as is provided by the manufacturer thereof, which Convergint hereby assigns to Customer without recourse to Convergint. 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, modifications not executed by Convergint, improper or insufficient maintenance, improper operation, or normal wear and tear under normal usage. NO FURTHER WARRANTIES OR GUARANTIES, EXPRESS OR IMPLIED, ARE MADE WITH 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. CHANGESWithout 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 overhead and profit.SECTION 6. FORCE MAJEURENeither Customer nor Convergint shall be responsible or liable for, shall incur expense for, or be deemed to be in breach of this Agreement because of any delay in the performance of their respective obligations pursuant to this Agreement due solely 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: accident, fire, storm, water, flooding, negligence, vandalism, power failure, installation of incompatible equipment, improper operating procedures, source current fluctuations or lighting. If performance by either party is delayed due to Force Majeure, the time for that performance shall be extended for a period of time reasonably necessary to overcome the effect of the delay. Any Services 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. INSURANCEConvergint shall have the following insurance coverage during the term of this Agreement, and shall provide certificates of insurance to the Customer prior to beginning work hereunder:Worker’s Compensation Statutory LimitsEmployer’s Liability $1,000,000 per occurrence /aggregate Commercial General Liability $1,000,000 per occurrence/aggregate$2,000,000 general aggregateAutomobile Liability $1,000,000 per occurrence/aggregate Excess/Umbrella Liability $10,000,000 per occurrence/aggregateAll insurance policies carried by Convergint shall be primary to and noncontributory with the insurance afforded to Customer and shall name the Customer as “additional insured”, 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 prior to the termination or cancellation of any such insurance policy.SECTION 8. INDEMNIFICATIONConvergint shall indemnify and hold Customer harmless from and against claims, damages, losses and expenses, attributable to bodily injury, sickness, disease or death, or to destruction of tangible property, but only to the extent caused by: a) the negligent or willful acts or omissions of Convergint or Convergint’s employees or subcontractors while on Customer’s site, or b) the malfunction of the equipment supplied by Convergint, orc) Convergint’s breach of this Agreement.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. IN NO EVENT WILL CONVERGINT BE LIABLE TO CUSTOMER FOR ANY AMOUNTS IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER TO CONVERGINT.It is understood and agreed by the parties hereto that Convergint is or may be providing intrusion products which are designed to provide notification of certain events but are not intended to 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 no 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. COMPLIANCE WITH LAW, SAFETY, & HAZARDOUS MATERIALSThis Agreement shall be governed and construed in accordance with the laws of the state/province in which the Work is being performed. Convergint agrees to comply with all laws and regulations relating to or governing its provision of the Work. Convergint shall comply with all safety related laws and regulations and with the safety program of the Customer, provided such program is supplied to Convergint prior to beginning work.In the event that Convergint discovers or suspects the presence of hazardous materials, or unsafe working conditions at Customer’s facility where the Work is to be performed, Convergint is entitled to stop the Work at that facility if such hazardous materials, or unsafe working conditions were not provided by or caused by Convergint. Convergint in its sole discretion shall determine when it is “safe” to return to perform the Work at Customer’s facility. Convergint shall have no responsibility for the discovery, presence, handling, removing or disposal of or exposure of persons to hazardous materials in any form at the Customer’s facility. Customer shall indemnify and hold harmless Convergint 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, or unsafe working conditions at Customer’s facility.Customer acknowledges that applicable law or regulation may limit Customer’s rights and impose obligations with respect to information or data obtained using software capable of obtaining what may in certain circumstances be characterized as biometric information (individually and collectively, the “Software”) and agrees that Customer is solely responsible to ensure its own compliance with such laws or regulations. Customer shall completely indemnify, defend (including pay attorneys’ fees and disbursements), and hold harmless Convergint, its affiliates, and any employees, agents, contractors or representatives of any of the foregoing from and against any and all losses, liability, damages, penalties, expenses, claims, demands, actions, or causes of action, judgments (finally awarded) or settlements (individually and collectively, “Liabilities”) arising from or related to any intentional or negligent acts or omissions of Customer or any of its agents, affiliates, employees, or representatives arising from or related to the Software, any hardware, software, or other services associated with the Software, or the use of any of the foregoing by or on behalf of Customer, including but not limited to those arising from or related to Customer’s failure to comply with applicable laws or regulations related to its use of the Software or any hardware, software, or other services associated with the Software, including but not limited to the Customer’s failure to obtain any necessary consents from affected individuals or provide any necessary disclosures or protections with respect to the information of such individuals under any applicable privacy or data security law, but excluding matters for which Convergint has agreed to indemnify Customer from and against third party claims for copyright and trade secret infringement under the terms of the End User License Agreement for the Software between Convergint and Customer. Notwithstanding the foregoing, Customer and Convergint agree that Liabilities suffered by a third party (other than an affiliate of Convergint) which are an element of loss subject to indemnification under this paragraph shall be deemed direct damages.SECTION 10. DISPUTESIn 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 authorized officers of each company. If settlement attempts are not successful, 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 and shall be a final binding resolution of the issues presented between the parties. The prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs.SECTION 11. MISCELLANEOUSNeither party to this Agreement shall assign this Agreement without the prior written consent of the other party hereto. Convergint may assign this Agreement to any of its parents, subsidiaries or affiliated companies or any entity majority owned by Convergint.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.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 or Convergint and delivered to the non-waiving party according to the notice provision herein. 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, and indemnity, and disputes shall survive the termination of this Agreement.
EXHIBIT A, SCOPE OF SERVICES/SERVICE PROVIDER'S PROPOSAL, PROJECT CC23-040 36/General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 15General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 EXHIBIT B STATE PREVAILING WAGE AND RELATED LABOR PROVISIONSa. Compliance with State Prevailing Wage Law. Pursuant to California Labor Code Section 1773, the SCLAA has obtained from the Director of the Department of Industrial Relations (“DIR”) the general prevailing rate of per diem wages and the general prevailing wage rate for holiday and overtime work applicable for each craft, classification, or type of worker in San Bernardino County, California, where the Project is to be performed. Copies of these prevailing rate of per diem wages are on file at the City of Victorville Finance Department/Purchasing Division and shall be made available for review to any interested party on request. Copies of these prevailing rate of per diem wages are also available from the State of California via the internet at http://www.dir.ca.gov/DLSR/PWD. Service Provider and its subcontractors shall pay not less than said specified prevailing rate of per diem wages to all workers employed by them in the performance of any work under this Agreement which constitutes “public works” or “public work”, including without limitation, installation of the Security System Upgrade, and any other work or services described in or covered by California Labor Code Sections 1720 through 1720.9, 1771, and 1772. Service Provider shall be solely responsible for using the correct wage decision or determination and performing accordingly. An error on the part of any awarding body does not relieve the Service Provider from the responsibility for payment of the correct prevailing wage. b. Designation as Service Provider Not Determinative. For purposes of this Agreement, Service Provider and its subcontractors shall be subject to and shall comply with all provisions of the California Labor Code (“Labor Code”) applicable to contractors and subcontractors when they are engaged in the performance of any work under this Agreement which constitutes “public works” or “public work” as defined in subsection a above, despite being designated as a Service Provider. c. Conflict. It is further expressly agreed by and between the Parties hereto that should there be any conflict between the provisions of this Exhibit “B” and the terms of Exhibit “A” of this Agreement, the provisions of this Exhibit “B” shall control and nothing herein shall be considered as an acceptance of the terms of Service Provider’s Scope of Services, Bid Proposal, or Cost Proposal which conflict with the provisions of this Exhibit “B". d. Payroll Records. Service Provider and its subcontractors must comply with the provisions of Labor Code sections 1776 and 1812 and all implementing regulations, including without limitation, those set forth in Title 8 of the California Code of Regulations, Section 16000 et seq. (hereinafter the “Regulations”), which are fully incorporated by this reference, including requirements for electronic submission of payroll records to the DIR. (1) Service Provider and Subcontractor Obligations. Service Provider and each subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
16General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 (a) The information contained in the payroll record is true and correct; and (b) Service Provider or subcontractor has complied with the requirements of Labor Code Sections 1771, 1811, and 1815 for any covered work performed by its employees on the Project. (2) Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to the SCLAA, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code. (3) Enforcement. Upon notice of noncompliance with Labor Code Section 1776, Service Provider or subcontractor has ten days in which to comply with the requirements of this section. If Service Provider or Subcontractor fails to do so within the ten-day period, Service Provider or Subcontractor will forfeit a penalty of $100.00 per day, or portion a day, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Standards Enforcement, these penalties will be withheld from payments then due to Service Provider. (4) Payment of Invoices. Copies of the certified payrolls, proof of payroll submissions, and appropriate lien releases are required with each invoice to the City. Payment of the invoice may be delayed when payroll-related documents and/or lien releases are not included with the invoice. e. Apprentices. Service Provider is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference. f. Notices. Pursuant to Labor Code section 1771.4, Service Provider is required to post all Job Site notices, including prevailing wage rates and other notices, as required by regulation. g. Other Labor Requirements. Service Provider has the responsibility for and shall comply with all other applicable requirements of Labor Code Section 1720 et seq., the Regulations, and all other applicable State labor laws. Service Provider further acknowledges and agrees that it will be independently responsible for reviewing the applicable laws and regulations and effectuating compliance with those laws. Service Provider will require the same of all its subcontractors. h. Statutory Penalties. The statutory penalties for failure to pay prevailing wage or to comply with State wage and hour laws will be enforced as follows: (1) Pursuant to Labor Code section 1775, the Service Provider and any subcontractor under it shall forfeit as a penalty to the SCLAA not more than Two Hundred Dollars ($200.00), for each calendar day, or portion thereof, for each worker paid less than the prevailing wage rate as determined by the Director of the DIR for such work or craft in which such worker is employed for any public work done under this Agreement by it or by any Subcontractor under it. The difference between such 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 prevailing wage rate, shall be paid to each worker by the Service Provider. 17General Services Provider Standard Agreement/Convergint Technologies LLC/Project CC23-040 (2) The Service Provider or Subcontractor shall, as a penalty to the City, forfeit twenty-five dollars ($25) for each worker employed in the execution of this Agreement by the respective Service Provider or Subcontractor for each calendar day during which the worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of this subsection. In awarding any contract for public work, Service Provider must forfeit to City Twenty-five Dollars ($25.00) per day for each worker who works in excess of the minimum working hours when Service Provider does not pay overtime. In accordance with the provisions of Labor Code Section 1810 et seq., eight (8) hours is the legal working day. i. DIR Monitoring. Pursuant to Labor Code Section 1771.4, the Agreement for this Project is subject to compliance monitoring and enforcement by the DIR. j. DIR Registration. Pursuant to Labor Code Sections 1725.5 and 1771.1, the Service Provider and its subcontractors must be registered with the DIR prior to the execution of a contract to perform public works. By entering into this Agreement, Service Provider represents that it is aware of the registration requirement and is currently registered with the DIR. Service Provider shall maintain a current registration for the duration of the Project. Service Provider shall further include the requirements of Labor Code Sections 1725.5 and 1771.1 in any subcontract and ensure that all subcontractors are registered at the time this Agreement is entered into and maintain registration for the duration of the Project.
Item Number: 11
City Council / Board of Directors
Written Communications
Meeting of: October 18, 2022
Submitted By:
John Mendiola, Finance Director / City Treasurer
Subject:
Amendment Number Three to a Consultant/Professional Services Provider Agreement with OpenGov for Budgeting and Planning Software.
Recommendation:
Staff recommends that the City Council approve Amendment Number Three, initiating a five-year term for the professional services consultant agreement with OpenGov for implementation and maintenance of the Budgeting and Planning software in an amount not to exceed $547,775 and authorize the City Manager to execute all documents related to this amendment.
Fiscal Impact:
Year one (1) of the proposed purchase was contemplated on the adopted Fiscal Year 2022-2023 Annual Budget and funds are currently available in the General Fund’s Information Technology expense account 1001569-52300 for the first year costs of $124,935. The contract services account has an adopted budget of $300,531.
Subsequent budgets will be accounted for in years two (2) through five (5).
Term Amount Fiscal Year
Year 1 $124,935.00 FY 2022-23
Year 2 $ 99,000.00 FY 2023-24
Year 3 $103,356.00 FY 2024-25
Year 4 $107,886.00 FY 2025-26
Year 5 $112,598.00 FY 2026-27
Background:
Over the last couple of years during the budget process, the budget team, along with management, have run into a variety of issues preparing the budget through Tyler’s Munis 2 4
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budgeting module. The majority of the issues stem from the need to have specialized queries of budget data, put into a presentable format that is easy to read and follow.
Some of these issues consist of running a variety of reports for various personnel scenarios, to give the departments and management the tools needed to make staffing decisions and the corresponding financial impact it could have on their budgets. Several departments pull their operating budgets from multiple funding sources which causes allocation issues because of the labor involved for booking every employee across multiple funds. Due to these and other issues, staff started looking for alternative budgeting software platforms, such as Questica, ClearGov, Gravity, and OpenGov.
The City’s municipal code section 2.28.110, entitled Negotiated Purchases, (a)Applicability. A purchase may be had by negotiations when the purchase is for; (1) a Technology Product, as defined in subsection 2.25.050(13); Technology Product means hardware, software, or communications equipment; or related equipment or good which incorporate any such items. Staff negotiated directly with OpenGov based on the compatibility with our current enterprise management planning software, Munis. Munis is the City’s decade old business management software that allows us to host a suite of integrated solutions, such as accounts payable, billing, financials, procurement, payroll, and HR, to streamline and automate processes, creating a leaner, more accurate and efficient operation.
OpenGov was chosen based on the evaluation of connectivity ease with our current system, Munis, personnel budgeting forecasting models, reporting features, and software support. Another benefit of the OpenGov software is the eProcurement module with several features enabling the City to go all electronic on the procurement process, including contracts. A demo was conducted for the budget team, Human Resources, Information Technology, and the deputy city managers.
Discussion:
OpenGov Budgeting and Planning software offers a full featured, cloud based, budgeting software designed for public sector budget planning and analysis. It allows collaboration in the budget process designed for personnel cost forecasting, spending and performance metrics which tie back to the City’s strategic initiatives, along with monitoring and tracking capital project spending, ensuring projects are sufficiently funded through completion.
Report features will allow visuals for quarterly and annual updates to the council, management, and the public. Additionally, the software enables the City to offer an online budget book to include data visualizations and easy to understand narratives, explaining the City’s priorities and ensuring transparency in all facets of the budget process.
OpenGov eProcurement module allows staff to electronically collaborate with departments in generating bid solicitation packages online by building the scope of work, adding provisions, forms, and specific funding requirements, all within the eProcurement software platform. This will allow an online workflow to address questions between purchasing and the requesting department, resulting in a complete solicitation package for final review and approval. eProcurement software is estimated to enable the City to realize a 30-50% time savings in the building of the solicitation package. Potential bidders 2 4
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will now be able to submit their bids online via this platform, saving paper and postage costs. The contract management feature, like the eProcurement feature, will allow us to initiate the building of a contract online between purchasing, requesting departments, legal counsel and risk management. The City templates can be incorporated into the system and we can customize the contract if needed, based on the funding requirements.
This software will allow the City to build a contract library for instant access to all vendor projects and contracts with automatic notifications for renewals, re-bids, expirations, and insurance alerts. As with the budgeting software, the eProcurement software will feature the ability to monitor and track contract spend versus the budgeted amount.
Staff is looking to amend the contract with OpenGov for their software and services for the next five years:
Term Annual Fee
10/19/22 – 10/18/23 $60,000*
10/19/23 – 10/18/24 $99,000
10/19/24 – 10/18/25 $103,356
10/19/25 – 10/18/26 $107,886
10/19/26 – 10/18/27 $112,598
*Note: Professional services for deployment/implementation is $64,935 resulting in the first year total cost of $124,935 as stated in the fiscal impact section.
Staff remains available for any questions or comments.
Attachments: A. Original Agreement
B. Amendment No. 1
C. Amendment No. 2
D. Amendment No. 3
ATTACHMENT A
ATTACHMENT B
ATTACHMENT C
ATTACHMENT D