HomeMy WebLinkAbout31-Police Department ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Michael A. Billdt,Chief of Police Subject: Resolution of the City of San
Bernardino authorizing the purchase and
Dept: Police Department installation of a replacement jail doors control
console from Rockwell Controls, Inc., of
Date: August 12,2008 Fullerton, California, pursuant to Chapter
3.04.010(b)(3) of the Municipal Code and
authorizing a budget amendment and transfer.
M/CC DATE: August 18, 2008
Synopsis of Previous Council Action
None
Recommended Motion:
1. Adopt Resolution.
2. Authorize the Director of Finance to process a budget amendment moving $90,700 from 001-
228-5505 (Other Professional Services) to 001-228-5704 (Capital Outlay-Other Equipment).
G
MICHAEL A. BILLDT, CHIEF OF POLICE
Contact person: Captain Theodis Henson Phone: 384-5609
Supporting data attached: Yes Staff Report/Resolution Ward: I
FUNDING REQUIREMENTS: Amount: $ 90,670.00
Source: General Fund Account#001-228-5704
Finance
Council Notes:
�Esa Zo►uB--33-5'
Agenda Item No. 3
8-18-08
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect
Resolution of the City of San Bernardino authorizing the purchase and installation of a
replacement jail doors control console from Rockwell Controls, Inc., of Fullerton, California,
pursuant to Chapter 3.04.010(b)(3) of the Municipal Code.
Background
The Police Department has operated the City Jail since 1996. To minimize jail staffing
requirements, the City Jail uses an electronic door control system to open jail doors, turn
intercoms on and off, open and close sally-port gates for patrol cars, view different locations in
the jail on video screens, and to identify panic alarm button activations. This system was
installed in the jail when it was built in 1995. It has been in operation around the clock since the
jail opened after the Police Department moved into the facility in 1996. Technology for this type
of product has become obsolete and unavailable. Modern systems (purchased since
approximately 2000) have been replaced with network based switching equipment versus high-
voltage pulse based switching devices which were common during the 1980's and 1990's.
The system is comprised of three electronic component systems. The first major component is
the button control panel. This device is used by jailers to operate doors, use the intercoms, to
lower and raise sally-port gates, to switch camera views, and to locate "panic button" locations.
In 2006, the push-button control panel was replaced with an electronic touch-button control
panel. This equipment is operational and will be retained for use after the emergency repairs are
complete.
The second major component of the system is the low-voltage switching panel which is located
in the jail control pod under the desk that houses the touch-button control panel. A PC based
interface talked between the touch-button panel and this device. This low voltage switching unit
also communicates with the high voltage switching panel that actually performs opening/closing
tasks in the jail. This panel has been damaged by some of the electrical failures. Part of the
emergency repairs will involve repairs to this device to replace defective parts and to allow for a
network based communications patch to the high-voltage switching panel.
The third major component of the system is the high-voltage switching panel which is located in
the south electrical room on the first floor of the station. This device has failed. A series of
controller cards are used to generate the high-voltage switching signals needed by the heavy door
locks, gates, and other components of the jail control system. This is original equipment
installed when the jail was built.
On July 20, 2008, the jail doors control console suffered a catastrophic failure of the main
controlling card for the high voltage switch rendering the entire panel out-of-service. Past door
switch failures have rendered some of the "station" cards out-of-service because replacements
can not be found. Our repair vendor has been unable to locate replacement parts. Consequently,
the City Jail was closed on July 22, 2008 pending the purchase and installation of a replacement
jail doors control console.
This emergency repair will convert the high-voltage switching panel to a low-voltage network
(EP) based switching panel. Instead of using high-voltage electronic lines to each door, a low-
voltage network cable will be used to communicate the signals needed to operate the equipment.
This replacement panel will have a service life of approximately 10-15 years.
On a monthly basis, police officers make approximately 1,000 adult arrests, with approximately
500 being booked and released on a Notice to Appear citation at the City Jail. Almost all of the
remaining 500 are booked at the City Jail and then transported to the West Valley Detention
Center by jail personnel. The arrest processing at the City Jail averages 35 minutes (10 minutes
driving + 25 minutes booking) versus the WVDC average of 70 minutes (40 minutes driving +
30 minutes booking) at the WVDC. While repairs are being made, police officers will transport
all adult inmates to a county jail facility, sustaining a monthly increase in arrest processing time
of 583 hours (1,000 bookings x 35 minutes) and a corresponding loss of patrol time.
Additionally, depending on potential reductions in the State budget, the City may become
obligated to pay the County an additional $44,830 in booking fees each month (500 additional
bookings x $89.66) that could have been diverted by book and citation release at the City Jail.
Rockwell Controls, Inc. of Fullerton, California is the only known manufacturer of the
replacement jail doors control console needed for the City Jail. Rockwell is a sole source vendor
for all jail control consoles at all County of San Bernardino jail facilities. Therefore, the Police
Department is requesting an exemption to the formal bid process requirement pursuant to San
Bernardino Municipal Code Section 3.4.010.13.3 (Purchases approved by the Mayor and
Common Council).
Rockwell has provided a comprehensive written quotation to provide and install a replacement
jail doors control console consisting of the following components and contingencies:
Purchase/installation of replacement jail door control circuit $66,670
boards and Ethernet switches, replacement of existing cables
between the Touch Screen Console and existing door control
boards, and field testing of new system
Contingency for field wiring/conduit repairs $12,000
Contingency for lock repairs $ 6,000
Contingency for new electrical cabinet $ 6,000
Total Not to Exceed $90,670
Financial Impact
The Police Department has included $343,800 for contract jail services in Account #001-229-
5505 of our proposed FY 2008-09 General Fund Budget. Repairs will require that the City Jail
remain closed for a minimum of 13 weeks, generating estimated budget savings of$93,450 that
can be applied towards this project. The total cost of this project will not exceed $90,670.
Recommendation
1. Adopt Resolution.
2. Authorize the Director of Finance to process a budget amendment moving $90,700 from 001-
228-5505 (Other Professional Services) to 001-228-5704 (Capital Outlay Other
Equipment).
9
CPY
O
1 RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 PURCHASE AND INSTALLATION OF A REPLACEMENT JAIL DOORS CONTROL
CONSOLE FROM ROCKWELL CONTROLS, INC., OF FULLERTON,
4 CALIFORNIA, PURSUANT TO CHAPTER 3.04.010 (b)(3) OF THE MUNICIPAL
5 CODE AND AUTHORIZING A BUDGET AMENDMENT AND TRANSFER.
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
7 CITY OF SAN BERNARDINO AS FOLLOWS:
8
9 SECTION 1. A sole source purchase, pursuant to Municipal Code 3.04.010 (b)(3), of a
10 replacement jail doors control console from Rockwell Controls, Inc., of Fullerton, California is
11 approved as Ro t manufactures jail doors control
12 consoles.
13 SECTIo '' �.a. .�.�. � �` �- execute on behalf of the City an
14 s! I!: 2 7 Controls, Incorporated, a co of
Q agreement betwe rp copy 15
which is attache, � -� �yd� ' ,- ed herein by reference as fully as
17 though set forth
�.
18 SECTIO -,d to issue a Purchase Order to
��;� �.
19 Rockwell Contra ' e purchase and installation of a
20 replacement jail doors control console as outlined in Rockwell, Inc.'s quote dated July 23,
21
2008. The purchase order shall read, "Purchase and Installation of a Jail Doors Control
22
23 Console. Not to exceed $90,670.00"
24 SECTION 4. The Finance Director is authorized to amend the FY 2008-09 General
25 Fund budget to transfer $90,700 from Account #001-228-5505 (Other Professional Services) to
26 Account #001-228-5704 (Capital Outlay—Miscellaneous Equipment).
27
28 /
1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
2 PURCHASE AND INSTALLATION OF A REPLACEMENT JAIL DOORS CONTROL
CONSOLE FROM ROCKWELL CONTROLS, INC., OF FULLERTON,
3 CALIFORNIA, PURSUANT TO CHAPTER 3.04.010 (b)(3) OF THE MUNICIPAL
CODE AND AUTHORIZING A BUDGET AMENDMENT AND TRANSFER.
4
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
6 and Common Council of the City of San Bernardino at a meeting thereof,
7
held on the day of , 2008, by the following vote, to wit:
8
Council Members: AYES NAYS ABSTAIN ABSENT
9
10 ESTRADA
11 BAXTER
12 BRINKER
13 DERRY
0 14
KELLEY
15
JOHNSON
16
17 MCCAMMACK
18
Rachel G. Clark, City Clerk
19
20 The foregoing Resolution is hereby approved this day of , 2008.
21
22 Patrick J. Morris, Mayor
City of San Bernardino
23
24 Approved as to form:
25
26 James F. Penman, City Attorney
27
28
Exhibit "A"
RESOLUTION NO.
VENDOR SERVICES AGREEMENT
This Vendor Agreement is entered into this 18th day of August 2008,by and between
Rockwell Controls, Inc. of Fullerton, California("VENDOR") and the City of San Bernardino
1
("CITY" or"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous and
in the best interest of the CITY to contract for the purchase and installation of a placement jail
doors control console as outlined in Rockwell Controls Inc.'s July 23, 2008 proposal
(#DLPRC072108) included with this agreement as Attachment "A"; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from Rockwell
r Control Inc. because they are the only known manufacturer of a suitable replacement jail doors
control console.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth on Exhibit "A" attached hereto and
incorporated herein.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon completion of milestones and
presentation of corresponding invoices, shall pay the VENDOR up to the amount
1
FASIMMONSWendor Service Agmts\Rockwell Controls 8.08.wpd
Exhibit "A'
of$90,670.00 for the services set forth in Attachment "A".
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this Agreement shall be for a period of one year.
This Agreement may be terminated at any time by thirty(30) days' written notice by either party.
The ternis of this Agreement shall remain in force unless mutually amended. The duration of this
Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
VENDOR agrees to and shall indemnify and hold the City, its elected officials,
employees, agents or representatives, free and harmless from all claims, actions, damages and
liabilities of any kind and nature arising from bodily injury, including death, or property damage,
based or asserted upon any actual or alleged act or upon any actual or alleged act or omission of
Vendor, its employees, agents, or subcontractors,relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement, unless the bodily
injury or property damage was actually caused by sole negligence of the City, its elected officials,
employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to
protect and defend at its own expense, including attorney's fees, the City, its elected officials,
employees, agents or representatives from any and all legal actions based upon such actual or
alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or
implied indemnity against the City, its elected officials, employees, agents or representatives,
with respect to third party claims against the Vendor relating to or in any way connected with the
0 accomplishment of the work or performance of services under this Agreement.
2
FASHAMONSWendor Service AgTnts\Rockwell Controls 8.08.wpd
Fxhlliit "All
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies or Certificate of Insurance with the
CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall
name the CITY as an additional named insured in each policy of insurance provided hereunder.
The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any
change or termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in,
discrimination in the employment of persons because of their race, religion, color,national
origin, ancestry, age, mental or physical disability, medical condition,martial status, sexual
gender or sexual orientation, or any other status protected by law, except as permitted pursuant to
Section 12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement,but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
3
FASIMMONS\Vendor Service Agmts\Rockwell Controls 8.08.wpd
Exhibit "A"
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses,permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notice to be given pursuant to this Agreement shall be deposited with the United
States Postal Service, postage prepaid and addressed as follows:
TO THE CITY: Captain Theodis Henson
City of San Bernardino
710 North "D" Street, P. O. Box 1669
San Bernardino, CA 92402
Telephone: (909) 384-5609
TO THE VENDOR: Dan Popvici, Owner
Rockwell Controls, Inc.
101 New Castle Lane
Fullerton, CA 92833
Telephone: (714) 366-1919
4
FASIMMONS\Vendor Service Agmts\Rockwell Controls 8.08.wpd
Exhibit "A"
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement,the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber
all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent.
Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute
a breach of this Agreement and cause for the termination of this Agreement. Regardless of
CITY's consent,no subletting or assignment shall release VENDOR of VENDOR's obligation to
perform all other obligations to be performed by VENDOR hereunder for the term of this
Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
5
F:\SIMMONS\Vendor Service Agmts\Rockwell Controls 8.08.wpd
Exhibit "A"
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force and
effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
6
FASIMMONS\Vendor Service Agmts\Rockwell Controls 8.08.wpd
Exhibit "A"
Dated: 12008 ROCKWELL CONTROLS, INC.
By:
Its:
Dated 52008 CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
JAMES F. PENMAN,
City Attorney
Lrr+ By:
James F. Penman, City Attorney
7
FASIMMONS\Vendor Service Agmts\Rockwell Controls 8.08.wpd
"ATTACHMENT A"
Rockwell Controls Inc, Exhibit "A"
1101 Newcastle Lane
Fullerton Ca. 92833
Phone 714 366 1919
Fax 914 9312627
danpopovici@rockwellcontrols.com
July 23, 2008
Michael, Eckley
IS Public Safety Systems Manager
c/o San Bernardino Police Department
B Building
710 North D Street
San Bernardino, CA. 92401
Re: Jail Doors Controls Upgrade Job,
Rockwell Controls Proposal: DLPRC072108
Mr. Eckley:
Thank you for giving Rockwell Controls the opportunity to provide a Jail Door Controls
Upgrade Job proposal for San Bernardino Police Department, California. This proposal is
offered in response to your request of 07/21/08, for Door Control Circuit Board Replacement
with PLC hardware and Start-up work and includes a "Fixed Price" offering.
TECHNICAL DESCRIPTION
Rockwell Controls has reviewed the requirements of the proposed project and provides the
following summary:
Existing Door Control Circuit Boards replacement with a new PLC Ethernet TCP/IP Based
Control.
The doors will be controlled by an Allen-Bradley CompactLogix PLC (Programmable Logic
Controller). The PLC provides time delay and interlocking functions for a more flexible door
control
SCOPE OF WORK
Rockwell Controls has broken out the scope of work into three sections of responsibility.
• Rockwell Controls' scope of work and responsibilities
• Services Not Covered
• San Bernardino Police Department Responsibilities
ROCKWELL CONTROLS RESPONSIBILITIES Exhibit "A"
The following defines the scope of work Rockwell Controls will supply:
Hardware Replacement
1. Rockwell Controls will replace the Door Control Boards with Ethernet TCP/IP PLC
Digital Hardware
2. Replace the existing cables running between the Touch Screen Console and the existing
Door Control Boards with one CAT6e cable, simplifying and easing the troubleshooting
procedures.
3. Install the Ethernet Switches necessary to make the system operational
4. The existing panel used for the door control boards will be reused for the new PLC,
unless after the completion of engineering the new system would require more space and
cooling system,this will be included as an option priced separately.
Start-up Services
Start-up will be performed at the San Bernardino Police Department.
Rockwell Controls requests a minimum of two weeks notice to schedule start-up.
Estimated time of maximum one week before installation to investigate and test existing
installation (during which doors must be manually operated using keys), after which an
installation time will be scheduled, approximately maximum of two weeks for installation
(during which doors must be manually operated using keys)
The standard Rockwell Controls work hours are 8:00 AM to 5:00 PM, Monday through Friday,
not including observed holidays. Additional working hours are available on a time and expenses
basis.
San Bernardino Police Department personnel will be required on-site and to participate in the
start-up of the system.
Hardware and Installation Services:
• Rockwell Controls will provide the PLC hardware and the installation services.
• Rockwell Controls will also provide CAD drawings for the new installation on Hard
Copies and in Electronic Format.
San Bernardino Police Department Responsibilities:
• San Bernardino Police Department is to provide technical personnel that is familiar with the
system for the duration of the start-up.
• All door locks and door position switches must be functional and witnessed by Rockwell
Controls at the time of installation, this will ensure that the work will proceed at a quicker
pace.
SERVICES NOT COVERED UNDER THIS PROPOSAL EXhlblt
General
Rockwell Controls' scope of responsibility as defined in this proposal is limited to the
replacement of the Door Control Boards and the existing cables running between the Touch
Screen Console and the existing Door Control Boards. The overall performance and overall
design of the door locks and position switches and existing conduit field wiring are the
responsibility of others and are not included in Rockwell Controls' scope of work.
Contractors
Under this proposal, Rockwell Controls is not responsible for contracting other electrical or
mechanical.in jail services such as lock smith to repair electrical switches and solenoids installed
inside the jail doors
Rockwell Controls will repair existing conduit wiring, on time and materials bases if needed.
Process Adjustments
Under this proposal, Rockwell Controls is not responsible for other electrical or mechanical
adjustments, changes or replacements,to existing equipment required to progress the process
into a commissioned status.
Post Engineering Activity
Under this proposal Post Engineering Activity is not included as part of the Engineering
Services. Post Engineering Activity is defined as services provided after completion of the
services included in the scope of work.
Stand By Time
Under this proposal the stand-by time will be billed as regular hours.
Stand-by time is defined as time spent on-site waiting for completion of installation and wiring
of the System. This includes, but is not limited to, waiting for correction of construction,
installation, and wiring errors, and other delays beyond the control of and not contracted to
Rockwell Controls.
Stand by time will be invoiced at regular time and materials rates.
We hope you find this offering favorable and if there are any questions, comments, or concerns
please contact us at the Rockwell Controls office.
Exhibit "A"
Warranty
1. Under this proposal the warranty includes one year for parts installed by Rockwell
Controls (manufacturer warranty).
2. Labor Warranty for miss-programming, miss-wiring, and installations mistakes such as
loose connections etc, are covered for 5 years and it covers only those items that were
worked on by Rockwell Controls and other vendors did not interfere with after the
installation was completed.
3. Labor for diagnosing and replacing defective hardware during, and post, the
manufacturer and Rockwell controls' warranty period will be invoiced on time and
materials bases
PRICING,
AS SPECIFIED, THIS PRICE IS OFFERED TO SAN BERNARDINO POLICE
DEPARTMENT FOR THE WORK DEFINED IN THE ROCKWELL CONTROLS'
SCOPE OF WORK.
SUB TOTAL $66,670.00
Option 1 contingency for field wiring/conduit repairs $12,000.00
Option 2 contingency for lock repairs $ 6,000.00
Option 3 contingency for new electrical cabinet $ 6,000.00
GRAND TOTAL $90,670.00
PAYMENT TERMS: NET 30 DAYS
INVOICING SCHEDULE:
50% Upon acceptance of order for 40%hardware and 10%Engineering
40% Upon PLC installation completion
10% Upon job completion
Please fax, e-mail or mail the Purchase Order to Rockwell Controls attention to Dan Popovici at
(914) 9312627 , danpopovici nrockwellcontrols.com or mailing address: Dan Popovici,
Rockwell Controls, 1 101 Newcastle Lane, Fullerton CA. 92833
�rir
RESOLUTION NO.
VENDOR SERVICES AGREEMENT
This Vendor Agreement is entered into this 18th day of August 2008,by and between
Rockwell Controls, Inc. of Fullerton, California ("VENDOR") and the City of San Bernardino
("CITY" or"San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous and
in the best interest of the CITY to contract for the purchase and installation of a placement jail
doors control console as outlined in Rockwell Controls Inc.'s July 23, 2008 proposal
(#DLPRC072108) included with this agreement as Attachment"A"; and
WHEREAS, the City of San Bernardino did solicit and accept quotes from Rockwell
Control Inc. because they are the only known manufacturer of a suitable replacement jail doors
control console.
NOW, THEREFORE, the parties hereto agree as follows:
1. SCOPE OF SERVICES.
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth on Exhibit"A" attached hereto and
incorporated herein.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the CITY, upon completion of milestones and
presentation of corresponding invoices, shall pay the VENDOR up to the amount
1
FASIMMONS\Vendor Service Agmts\Rockwell Controls 8.08.wpd
of$90,670.00 for the services set forth in Attachment"A".
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM; TERMINATION.
The term of this Agreement shall be for a period of one year.
This Agreement may be terminated at any time by thirty(30) days' written notice by either party.
The terms of this Agreement shall remain in force unless mutually amended. The duration of this
Agreement may be extended with the written consent of both parties.
4. INDEMNITY.
VENDOR agrees to and shall indemnify and hold the City, its elected officials,
employees, agents or representatives, free and harmless from all claims, actions, damages and
liabilities of any kind and nature arising from bodily injury, including death, or property damage,
based or asserted upon any actual or alleged act or upon any actual or alleged act or omission of
Vendor, its employees, agents, or subcontractors, relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement, unless the bodily
injury or property damage was actually caused by sole negligence of the City, its elected officials,
employees, agents or representatives. As part of the foregoing indemnity, Vendor agrees to
protect and defend at its own expense, including attorney's fees, the City, its elected officials,
employees, agents or representatives from any and all legal actions based upon such actual or
alleged acts or omissions. Vendor hereby waives any and all rights to any types of express or
implied indemnity against the City, its elected officials, employees, agents or representatives,
with respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
z
A FASIMMONS\Vendor Service Agmts\Rockwell Controls 8.08.wpd
5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile
liability insurance, in the amount of$1,000,000.00 combined single limit, and statutory worker's
compensation coverage, and shall file copies of said policies or Certificate of Insurance with the
CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall
name the CITY as an additional named insured in each policy of insurance provided hereunder.
The Certificate of Insurance furnished to the CITY shall require the insurer to notify CITY of any
change or termination in the policy.
6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in,nor permit its officers, employees or agents to engage in,
discrimination in the employment of persons because of their race, religion, color,national
origin, ancestry, age, mental or physical disability, medical condition, martial status, sexual
gender or sexual orientation, or any other status protected by law, except as permitted pursuant to
Section 12940 of the California Government Code.
7. INDEPENDENT CONTRACTOR.
VENDOR shall perform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall be an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
3
FASIMMONS\Vendor Service Agmts\Rockwell Controls 8.08.wpd
employees, and all business licenses, if any are required, in connection with the services to be
performed hereunder.
8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business registration
certificate pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
qualifications, insurance and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notice to be given pursuant to this Agreement shall be deposited with the United
States Postal Service,postage prepaid and addressed as follows:
TO THE CITY: Captain Theodis Henson
City of San Bernardino
710 North "D" Street, P. O. Box 1669
San Bernardino, CA 92402
Telephone: (909) 384-5609
TO THE VENDOR: Dan Popvici, Owner
Rockwell Controls, Inc.
101 New Castle Lane
Fullerton, CA 92833
Telephone: (714) 366-1919
4
FASIMMONSWendor Service Agmts\Rockwell Controls 8.08.wpd
10. ATTORNEYS' FEES
In the event that litigation is brought by any party in connection with this Agreement, the
prevailing party shall be entitled to recover from the opposing party all costs and expenses,
including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his office in
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
11. ASSIGNMENT.
VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber
all or any part of the VENDOR's interest in this Agreement without CITY's prior written consent.
Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute
a breach of this Agreement and cause for the termination of this Agreement. Regardless of
CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to
perform all other obligations to be performed by VENDOR hereunder for the term of this
Agreement.
12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this
Agreement shall be tried and litigated either in the State courts located in the County of San
Bernardino, State of California or the U.S. District Court for the Central District of California,
Riverside Division. The aforementioned choice of venue is intended by the parties to be the
mandatory and not permissive in nature.
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F:\SIMMONS\Vendor Service Agmts\Rockwell Controls 8.08.wpd
13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs, representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force and
effect.
17. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties, and supercedes any prior agreements and understandings relating to the subject manner
of this Agreement. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
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FASMMONS\Vendor Service Agmts\Rockwell Controls 8.08.wpd
Dated: , 2008 ROCKWELL CONTROLS, INC.
By:
Its:
Dated , 2008 CITY OF SAN BERNARDINO
By:
Fred Wilson, City Manager
Approved as to Form:
JAMES F. PENMAN,
City Attorney
By:
James F. Penman, City Attorney
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FASSIMMONSWendor Service Agmts\Rockwell Controls 8.08.wpd
"ATTACHMENT A"
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Rockwell Controls Inc.
` 1101 Newcastle Lane
Fullerton Ca. 92833
Phone 714 366 1919
Fax 914 9312627
danpopovici @rockwellcontrols.com
July 23, 2008
Michael Eckley
IS Public Safety Systems Manager
c/o San Bernardino Police Department
B Building
710 North D Street
San Bernardino, CA. 92401
Re: Jail Doors Controls Upgrade Job,
Rockwell Controls Proposal: DLPRC072108
Mr. Eckley:
Thank you for giving Rockwell Controls the opportunity to provide a Jail Door Controls
Upgrade Job proposal for San Bernardino Police Department, California. This proposal is
offered in response to your request of 07/21/08, for Door Control Circuit Board Replacement
with PLC hardware and Start-up work and includes a "Fixed Price" offering.
TECHNICAL DESCRIPTION
Rockwell Controls has reviewed the requirements of the proposed project and provides the
following summary:
Existing Door Control Circuit Boards replacement with a new PLC Ethernet TCP/IP Based
Control.
The doors will be controlled by an Allen-Bradley CompactLogix PLC (Programmable Logic
Controller). The PLC provides time delay and interlocking functions for a more flexible door
control
SCOPE OF WORK
Rockwell Controls has broken out the scope of work into three sections of responsibility.
• Rockwell Controls' scope of work and responsibilities
• Services Not Covered
• San Bernardino Police Department Responsibilities
ROCKWELL CONTROLS RESPONSIBILITIES
The following defines the scope of work Rockwell Controls will supply:
Hardware Replacement
I. Rockwell Controls will replace the Door Control Boards with Ethernet TCP/IP PLC
Digital Hardware
2. Replace the existing cables running between the Touch Screen Console and the existing
Door Control Boards with one CAT6e cable, simplifying and easing the troubleshooting
procedures.
3. Install the Ethernet Switches necessary to make the system operational
4. The existing panel used for the door control boards will be reused for the new PLC,
unless after the completion of engineering the new system would require more space and
cooling system,this will be included as an option priced separately.
Start-up Services
Start-up will be performed at the San Bernardino Police Department.
Rockwell Controls requests a minimum of two weeks notice to schedule start-up.
Estimated time of maximum one week before installation to investigate and test existing
installation (during which doors must be manually operated using keys), after which an
installation time will be scheduled, approximately maximum of two weeks for installation
(during which doors must be manually operated using keys)
The standard Rockwell Controls work hours are 8:00 AM to 5:00 PM, Monday through Friday,
not including observed holidays. Additional working hours are available on a time and expenses
basis.
San Bernardino Police Department personnel will be required on-site and to participate in the
start-up of the system.
Hardware and Installation Services:
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• Rockwell Controls will provide the PLC hardware and the installation services.
• Rockwell Controls will also provide CAD drawings for the new installation on Hard
Copies and in Electronic Format.
San Bernardino Police Department Responsibilities:
• San Bernardino Police Department is to provide technical personnel that is familiar with the
system for the duration of the start-up.
• All door locks and door position switches must be functional and witnessed by Rockwell
Controls at the time of installation, this will ensure that the work will proceed at a quicker
pace.
SERVICES NOT COVERED UNDER THIS PROPOSAL
General
Rockwell Controls' scope of responsibility as defined in this proposal is limited to the
replacement of the Door Control Boards and the existing cables running between the Touch
Screen Console and the existing Door Control Boards. The overall performance and overall
design of the door locks and position switches and existing conduit field wiring are the
responsibility of others and are not included in Rockwell Controls' scope of work.
Contractors
Under this proposal, Rockwell Controls is not responsible for contracting other electrical or
mechanical in jail services such as lock smith to repair electrical switches and solenoids installed
inside the jail doors
Rockwell Controls will repair existing conduit wiring, on time and materials bases if needed.
Process Adjustments
Under this proposal, Rockwell Controls is not responsible for other electrical or mechanical
adjustments, changes or replacements, to existing equipment required to progress the process
into a commissioned status.
Post Engineering Activity
Under this proposal Post Engineering Activity is not included as part of the Engineering
Services. Post Engineering Activity is defined as services provided after completion of the
services included in the scope of work.
Stand By Time
Under this proposal the stand-by time will be billed as regular hours.
Stand-by time is defined as time spent on-site waiting for completion of installation and wiring
of the System. This includes, but is not limited to, waiting for correction of construction,
installation, and wiring errors, and other delays beyond the control of and not contracted to
Rockwell Controls.
Stand by time will be invoiced at regular time and materials rates.
We hope you find this offering favorable and if there are any questions, comments, or concerns
please contact us at the Rockwell Controls office.
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Warranty
1. Under this proposal the warranty includes one year for parts installed by Rockwell
Controls (manufacturer warranty).
2. Labor Warranty for miss-programming, miss-wiring, and installations mistakes such as
loose connections etc, are covered for 5 years and it covers only those items that were
worked on by Rockwell Controls and other vendors did not interfere with after the
installation was completed.
3. Labor for diagnosing and replacing defective hardware during, and post, the
manufacturer and Rockwell controls' warranty period will be invoiced on time and
materials bases
PRICING,
AS SPECIFIED, THIS PRICE IS OFFERED TO SAN BERNARDINO POLICE
DEPARTMENT FOR THE WORK DEFINED IN THE ROCKWELL CONTROLS'
SCOPE OF WORK.
SUB TOTAL $66,670.00
Option 1 contingency for field wiring/conduit repairs $12,000.00
Option 2 contingency for lock repairs $ 6,000.00
Option 3 contingency for new electrical cabinet $ 6,000.00
GRAND TOTAL $90,670.00
PAYMENT TERMS: NET 30 DAYS
INVOICING SCHEDULE:
50% Upon acceptance of order for 40% hardware and 10% Engineering
40% Upon PLC installation completion
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10% Upon job completion
Please fax, e-mail or mail the Purchase Order to Rockwell Controls attention to Dan Popovici at
(914) 931 2627 , danpopovicina rockwellcontrols.com or mailing address: Dan Popovici,
Rockwell Controls, 1101 Newcastle Lane, Fullerton CA. 92833