HomeMy WebLinkAbout29-Police Department
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Keith L. Kilmer, Chief of Police
Subject: Resolution of the Mayor and
Common Council of the City of San
Bernardino authorizing a Memorandum of
Understanding with the City of Riverside
Office of Emergency Management for the
purpose of accepting and administering the
2010 Urban Area Security Initiative (UASI)
Grant
Dept: Police
Date: June 30, 2011
MCC Date: July 18, 2011
Synopsis of Previous Council Action:
6/28/2011
Grants Ad Hoc Committee recommended the item be submitted to the full
Council.
9/20/2010
Resolution #2010-324 was adopted by Council authorizing a Memorandum of
Understanding with the City of Riverside Office of Emergency Management to
accept and administer the 2009 Urban Area Security Initiative (UASI) Grant.
4/6/2009
Resolution #2009-75 was adopted by Council authorizing the execution of a
Memorandum of Understanding with the City of Riverside Office of Emergency
Management and authorizing the obligation and expenditure of UASI Grant
funds.
Recommended Motion:
viL~
Adopt Resolution.
Signature
Contact person:
.IRrrnrl RIJrgtJr:m r:RrtRin
Phone:
::lR4-fiROR
Supporting data attached: Staff Rot. Reso. MOU. Ward:
Assurances, Grant Expenditures
Citvwide
FUNDING REQUIREMENTS:
Amount:
$858,000.00 in qrant revenues
Source:
2010 Urban Area Security Initiative Grant
Finance:
Council Notes:
Agenda Item No.
.:;.q
01-/f'-(H{ I
STAFF REPORT
To:
Honorable Mayor and Members of the Common Council
From:
Keith L. Kilmer, Chief of Police
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing a Memorandum of Understanding with the City of Riverside Office of
Emergency Management for the purpose of accepting and administering the 20 I 0
Urban Area Security Initiative (UAS!) Grant
Background:
The Department of Homeland Security (DHS) designated the City of San Bernardino as a high-
threat urban area, meaning the City of San Bernardino can competc with other regions for DHS
funds earmarked for the Urban Area Security Initiative (UAS!). UASI funds address the unique
multi-discipline planning, operations, equipment, training, and exercise needs of high-threat.
high-density urban areas, and help them prevent, protect against, respond to, and recover from
acts of telTorism and weapons of mass destruction. The intent of the UASI program is to
enhance regional preparedness and expand collaboration efforts. In 2008, the City of San
Bernardino became a member of the Riverside Area UASI in cooperation with the cities of
Riverside and Ontario.
The 2008 UASI grant awarded the City S755,OOO to purchasc a Chemical Biological
Radiological Nuclear high-yield Explosives (CBRNE) vehicle, an Interoperable
Communications Vehicle, and to conduct regional Active Shooter Training. The 2009 UASI
grant provided funding in the amount of $270,000 to the Fire Depat1ment and $93,000 to the
Police Department. The Fire Department used $270,000 for a project to improve regional
community prcparedness, including personnel costs relatcd to salary for Community Emergency
Response Team (CERT) training, and the purchase of CERT cquipment and disaster supplies.
The Police Department was awardcd 593,000 to purchase an all-telTain CBRNE
deployment/rescue vehicle, a vehicle trailer, and to conduct Active Shooter Training.
On January 31, 20 II, the City of Riverside OffIce of Emergency Management notitled the City
of San Bernardino that the tinal moditlcations for the 2010 UASI grant funding cycle were
approved and expenditures against the grant were authorized. In order to be eligible to receive
the 20 I 0 CASI grant funding, the City has to enter into a Memorandum of Understanding and
Assurances with the City of Riverside Oftlee of Emergency Management (Exhibit A and B).
The 2010 UASI grant will provide funding in the amount of $418,000 to the Fire Department
and $440,000 to the Police Department. The Fire Department has been awarded $418,000 for
projects that will further improve regional community preparedness. Funding will he used to
conduct CERT training and purchase CERT equipment and disaster supplies (Exhibits CI - C3).
The Police Department has been awarded $440,O(]0 to purchase the tlrst phase of a Downtown
Camera Protection project that builds off the Police Department's existing Crime Camera project
(Exhihit D).
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In 2010, the US DOJ COPS Office authorized an amendment to the Police Department's 2007
COPS Technology Grant that allowed the Police Department to purchase a single "Crime
Camera" to test the technology and it's suitability within our community. The City of Redlands
has a large "Crime Camera" project that allows dispatchers to view about 60 cameras in parks, at
schools, and on streets around the city. The Red lands Police Department considers their project
to be successful and has invited community groups to become involved in supplying some
cameras such as those at the main library that were supplied by the Citizen's Library Support
Association. The trial "Crime Camera" for our city was purchased from Leverage Information
Systems Incorporated who supplies the system for the City of Redlands, the City of Gardena, the
City of Lynwood, and the City of Bakerstield.
The 20 I 0 CAS I grant authorizes the Police Department to purchase 11 cameras for the
Downtown Camera Protection Zone. Having had success with the single camera trial system
lover 10 arrests have been credited to the onc camera), the Police Department investigated the
open competitive bid hosted by the City of Bakersticld for a similar project.
The City of Bakersfield conducted an open public competitive bid for a municipal surveillancc
camera system to cover three ditTerent portions of their city. On August 11, lOlO, Leverage
Information Systems Incorporated (LIS) of Woodville, Washington, was awarded the contract
trom this compctitive bid for a municipal surveillance camera system. The Police Department
has worked with LIS to produce a Statement of Work to provide the first phase of our Downtown
Camera Protcction Zone while merging our one existing trial "Crime Camera" into this new
system at a cost of 5416,0 17. Once approvcd by the City Council and implemented, this project
will provide a single surveillance camera system that can be expanded as needed across our
community. This unitication effort will standardize the community surveillance camera
technology used by the City into one integrated system.
This Request for Council Action seeks permission to move forward with thc purchasc and
installation of the tlrst phase of our Downtown Camera Protection Zone project as outlined in the
Statement of Work provided by Leverage Information Systems Incorporated, of Woodville,
Washington which is dated June 16, 20 II. A sole source exception trom the regional and State
of California UASI program offices is not required for this purchase because this project will be
a "piggy back" purchase off an existing California municipal public competitive bid award.
Based on the tllct that thc City of Bakersticld awarded Leverage Information Systems
Incorporated, of Woodinville, Washington, a contract for a surveillance camera system equal to
that of our project as the result of an opcn public competitive bid, and because Leverage
Information Systems Incorporated is providing the same product to the City of San Bernardino's
Police Department on the same pricing schedule as the City of Bakersfield's purchase, it is
recommended that, pursuant to San Bernardino Municipal Code 3.04.0 I 0(b)(3), the Mayor and
Common Council approve a selected sourcejustitication for the purchase of the first phase of our
Downtown Camera Protection Zone project tram Leverage Information Systems Incorporated, of
WoodvilIc, Washington.
Financial Impact:
The City of San Bernardino will receive funding in the amount 01'$858,000, of which, $71,000 is
an allowable personnel cost for thosc involvcd in the planning and development of the grant. A
total of 5440,000 is reserved for the tlrst phase of the Downtown Camera Protcction Zone
project. Payments IlJr expenditures approved in the grant will be on a reimbursement basis.
TheretiJre, the City will request reimbursement for expenditures through the City of Riverside.
The final reimbursement request for the grant period must be submitted to the City of Riverside
on or be fore April 30, 2013.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING A MEMORANDUM OF
UNDERSTANDING WITH THE CITY OF RIVERSIDE OFFICE OF EMERGENCY
MANAGEMENT FOR THE PURPOSE OF ACCEPTING AND ADMINISTERING
THE 2010 URBAN AREA SECURITY INITIATIVE (UASI) GRANT AND
AUTHORIZING THE EXECUTION OF A VENDOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND LEVERAGE INFORMATION
SYSTEMS, INC., FOR THE DOWNTOWN PROTECTION ZONE CAMERA
SYSTEM
NOW THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. That the City of Riverside Oftlce of Emergency Management and thc
City of San Bernardino enter into a Memorandum of Understanding (MOU) regarding
reimbursement guidelines for the 2010 Urban Area Security Initiative (UASI) grant
expenditures: and
SECTION 2. The City Manager, or his designec, is hereby authorized and directed to
execute said MOU and Assurances, a copy of which is attached and incorporated herein as
Exhibits "A" and "B", rcspectively; and
SECTION 3. The City Manager, or his dcsignee, is authorized to accept and
administer the 20 I 0 Urban Area Security Initiative Grant Program from the City of Riverside
Office of Emergency Management in the amount of 5418,000 for the Fire Department and
5440,000 for the Police Department, as outlined in the attached expenditure plans submitted
by Fire and Police, which are attached and incorporatcd herein as Exhibits "C 1-C3" and "0",
respectively; and
SECTION 4. Thc authorization to execute the above referenced Memorandum of
Understanding is rescinded if it is not executed within one hundred and twenty (120) days of
the passage of this Resolution: and
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAl\ BERNARDINO AUTHORIZING A MEMORANDUM OF
ljl\DERSTANDIC'lG WITH THE CITY OF RIVERSIDE OFFICE OF EMERGENCY
MANAGEMENT FOR THE PURPOSE OF ACCEPTING AND ADMINISTERING
THE 2010 URBAN AREA SECURITY INITIATIVE (UASI) GRANT AND
Al'THORIZING THE EXECUTION OF A VENDOR SERVICES AGREEMENT
BETWEEl\ THE CITY OF SAN BERNARDINO AND LEVERAGE INFORMATIOl\
SYSTEMS, INC., FOR THE DOWNTOWN PROTECTION ZONE CAMERA
SYSTEM
SECTION 5, After a review of products, pricing, existing infrastructure, and after
being awarded a contract on August 11,20 I 0, to provide a surveillance camera system to the
City 01' Bakersfield, California, (a government entity) after winning an open public completive
bid, Leverage Information Systems Incorporated, of Woodinville, Washington, is the
recommended provider for the purchase of the first phase of thc Downtown Camera
Protection Zonc system to be used by the San Bernardino Police Department. Pursuant to San
Bernardino Municipal Code 3.04.010(b)(3), the Mayor and Common Council approve a
seleetcd sourcc justification Cor this purchase; and
SECTION 6. That the Mayor and Common Council authorize the purchasing
manager to issue a purchase ordcr to Leverage Information Systems, Incorporated, of
Woodinvillc, Washington, for the purchase of the first phase of our Downtown Camera
Protection Zone system for the San Bernardino Police Department as outlined in Leverage
Information Systems IncOll1oratcd's Project Capstone document, dated June 27. 2011. in an
amount not to exceed 54 I 6,0 17. I I. The purchase order shall read, "San Bernardino PO
Phase-I Downtown Camera Protcction Zone System;" and
SECTION 7. The City Manager is hereby authorized to execute a Vendor Service
Agreement with Levcrage Information Systems. Incorporated. 01' Woodinville. Washington, a
copy of which is attached hereto and incorporated herein as Exhibit "E."
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING A MEMORANDUM OF
2 UNDERSTANDING WITH THE CITY OF RIVERSIDE OFFICE OF EMERGENCY
MANAGEMENT FOR THE PURPOSE OF ACCEPTING AND ADMINISTERING
3 THE 2010 URBAN AREA SECURITY INITIATIVE (UASI) GRANT AND
4 AUTHORIZING THE EXECUTION OF A VENDOR SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO AND LEVERAGE INFORMATION
5 SYSTEMS, INC., FOR THE DOWNTOWN PROTECTION ZONE CAMERA
SYSTEM
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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8 Common Council of the City of San Bcmardino at a meeting
9 lhereof, held on the _ day of , 20 II, by the following vote, to wit:
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12 MARQUEZ
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Council Members:
AYES
NAYS
ABSTAIN ABSENT
VACANT
BRINKER
SHORETT
KELLEY
JOHNSON
MCCAMMACK
Rachel G. Clark, CMC, City Clerk
day of
,2011.
The foregoing Resolution is hereby approved this
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Arney
EXHIBIT A
Memorandum of Understanding - Urban Area Security Initiative Grant Funding
MEMORANDUM OF UNDERSTANDING
CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT
AND THE CITY OF SAN BERNARDINO
REGARDING URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING
FOR FEDERAL F[SCAL YEAR 20[0
THIS MEMORANDUM OF UNDERSTANDING (MOU) is C!Tective
20----, between THE CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT
and THE CITY or SAN BERNARDINO under thc following terms and conditions:
I. The Participating Agency agrecs to comply with the Grant Assurances for Urban
Area Security Initiative (Attachment A).
2. The Participating Agency agrees to comply with United States Department of
Homeland Security - Homeland Security Grant Program guidance, processes and
requiremcnts.
3. The Participating Agency agrees that all equipment, supplies and training funded
through the UASI program is for the mutual benefit of the Riverside UAS]
Region and not for the exclusive benefit of the Participating Agency.
4. The Participating Agency agrees that all equipment, supplies and technical
expertise developed through training funded by the UASI program is to be made
available for emergency use through established mutual aid systems, established
mutual aid agreements or made reasonably available through a valid request by a
member jurisdiction or organization of the Riverside UASL
5. The Participating Agency agrees to provide prior to being funded the most recent
copy of their: I. NIMSCAST Report and 2. Single Audit RepOli.
6. The Participating Agency agrees to submit a Monthly Project Progress Report
(Attachment B) by the 15th day of each month in accordance with the UASI grant
program guidelines.
7. The participating agency agrees to designate a Project Manager and Grant
Manager for each project awarded and provide the contact information of those
individuals to the City of Riverside OtTice of Emergency Management / UASL
Upon any changes to the original designation the agency will provide writtcn
notification and updated contact infomlation.
Memorandum of Understanding - Urban Area Sccurity Initiativc Grant Funding
8. The Participating Agency agrees to maintain all documentation supporting all
expenditurcs reimbursed from grant funds, and ensure all expenditures are
allowable undcr grant requirements. Recipients that expend $300,000 or morc of
fcdcral funds during their respectivc fiscal year agree to submit an organization
wide Iinancial and compliancc audit report. The audit shall be performed in
accordance with the U. S. Gcneral Accounting Office Government Auditing
Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department
of Homeland Security; Pass-Through Agency; Officc of Homeland Security;
Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The
records shall be maintained and retained in accordance with UASI grant
rcquirements and shall be available for audit and inspection by thc City and
dcsignated grant agcnt personnel.
9. The Participating Agency agrees that all its expenditures shall be in accordance
with the approvcd project expcnditures and allowable costs as submitted to thc
City and approved by the California Emcrgency Managcment Agency (Cal EMA)
and the U.S. Department of Homeland Security Grants Program Directorate.
10. The Participating Agency agrees to defcnd, indemnify, and hold harmless the
City, its agents, officers, and employees, li'om and against all liability arising out
ofthc Participating Agency's acts or omissions under this MOU.
II. The City agrees to defend, indcmnify, and hold harmless the Participating
Agency, its agents, officcrs, and employces, from and against all liability arising
out of the City's acts or omissions under this MOU.
12. The Participating Agcncy agrees to provide the Certificate of Non-Supplanting
(Attachment C).
13. Thc Participating Agency agrees to providc the Certification regarding
Dcbarment, Suspcnsion and Other responsibility matters (Attachment D).
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Memorandum of Understanding - Urban Area Security Initiative Grant Funding
IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the
City of Riverside Oflice of Emergency Management and the City of San Bernardino, by and
through their authorized representatives.
CITY OF RIVERSIDE
CITY OF SAN BERNARDINO
By:
By:
Title:
Title:
Attest:
Attest:
By:
By:
C oIIeen 1. Nicol
Title:
Title:
City Clerk
Approved as to form:
Approved as to form:
By:
By:
James F. Penman, City Attorney
James E. Brown
Title:
Supervising Deputy City Attorney
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Memorandum of Understanding - Urban Area Security Initiative Grant Funding
Governing Body Resolution
(For Operational Areas and Urban Area's)
BE IT RESOLVED BY TIlE
(Governing Body)
OF TflL-
TIIA T
(Name of Applicant)
,OR
(Name or Title of Authorized Agent)
, OR
(Name or Title of Authorized Agent)
(Name or Title of Authorized Agent)
is hereby authorized to execute lor and on behalf of the named applicant, a public entity
established under the laws of the State ofCalitornia, any actions necessary for the purpose of
obtaining federal financial assistance provided by the federal Department of Homeland Security
and sub-granted through the State of California_
Passed and approved this
day of
,20_
Certification
L
(Name)
, duly appointed and
orthe
(Title) (Governing Body)
do hereby certify that the above is a true and correct copy of a resolution passed and approved by
the of the on the
(Governing body)
day of
(Name of Applicant)
,20
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Memorandum of Understanding - Urban Area Security Initiative Grant Funding
(Official Position)
(Signature)
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EXHIBIT B
California Emergency Management Agency
FY20JO Grant Assurances
(All HSGP Applicants)
Name of Applicant:
Address:
City:
State:
Zip Code:
Fax Number:
T dephone Number:
E-Mail Address:
As the duly authorized representative of the applicant, I certify that the applicant named above:
I.
Will assure that grant funds will support efforts related to providing an integrated mechanism to
enhance the coordination of national priority efforts to prevent, respond to, and recover trom
terrorist attacks, major disasters and other emergencies.
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Has the legal authority to apply for Federal assistance and has the institutional, managerial and
tinancial capability to cnsure propcr planning, management and completion of the grant providcd
by the U.S. Department of Homeland Sccurity (DHS )/Federal Emergency Management Agency
(FEMA) and sub-grantcd through thc State of California, California Emergency Managcment
Agency (Cal EMAl.
,
J.
Will assure that grant timds are uscd for allowable, tair, and reasonable costs only and will not
be transferred bdween grant programs (for cxamplc: State Homeland Security Program, Urban
Area Sceurity Initiativc, Citizcn Corps Program, and Metropolitan Medical Response System) or
fiscal years.
4.
Will comply with any cost sharing commitments included in the FY2010 Investment
.Justitications submitted to DHS/FEMA/Cal EMA, where applicable.
5.
Will give the Federal government, the General Accounting Omce, the Comptroller General of
the United States, the State of California, the Oftice of Inspector Gencral, through any authorized
representative, access to, and the right to examine, all paper or electronic records, books, or
dOCLllnents related to the award: and will establish a proper accounting system in accordance
\vith generally accepted accounting standards and/or awarding agency' directives.
6.
Agrees that funds utilized to establish or enhance State and Local tilsion centers must supp0l1 the
dcvelopment of a statcwide tilSion process that corresponds with the Global .Justice/Homeland
Security Advisory Council (HSAC) Fusion Center Guidelincs, follow thc Federal and State
approved privacy policies, and achieve (at a minimum) baselinc level of capability as defined by
the Fusion Capability Planning Tool.
Pag~ I
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7. Will providc progress reports, and other such infi.mnation as may be required by the awarding
agency, including the Initial Strategy Implementation Plan (lSIP) within 45 (f0l1y-live) days of
the award, and update via thc Grant Reporting Tool (GRT) twice each year.
8. Will initiate and complete the work within the applicable time trame atier receipt of approval
trom Cal EMA.
9. Will maintain procedures to minimize the time elapsing between the award of funds and the
disbursement of funds.
10. Will comply with all provisions ofDHS/FEMA's eoditied regulation 44, Part 13, Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, including the payment of interest earned on advances.
II. Will establish safeguards to prohibit employees trom using thcir positions for a purpose that
constitutes, or presents the appearancc of. personal or organizational contlict of interest, or
pcrsonal gain Illl' themselves or others, particularly those with whom they have family, business,
or other ties.
12. Understands and agrees that Federal funds will not be used, directly or indirectly, to support the
enactment. repcaL moditication or adoption of any law, regulation, or policy, at any levcl of
government, without the exprcss prior written approvallrom DHS/FEMA/Cal EMA.
13. Agrees that, to the extent contractors or subcontractors are utilized, will use small, minority-
owned, \vomen-owned, or disadvantaged business concerns and contractors or subcontractors to
the extent practicable.
14. Will notify Cal EMA of any devclopments that have a signiticant impact on award-supported
activities, including changes to key program staff.
15. Will comply, ifapplicablc, with the Lead-Based Paint Poisoning Prevention Act (42 U.s.e. 9~
480 I et seq.) which prohibits the use of lead based paint in construction or rehabilitation of
structures.
16. Will comply with all Federal and State Statues relating to Civil Rights and Nondiscrimination.
These include, but are not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amcnded, which prohibits
discrimination on the basis of race. color or national origin.
b. Title IX of the Education Amendments of 1972, as amended (20 u.s.e. 991681-1683
and 1685-1(86), which prohibits discrimination on the basis of gender.
e. Section 504 oflhe Rehabilitation Acl 01'1973, as amcnded (29 u.s.e. 9 794). which
prohibits discrimination on thc basis of handicaps.
d. The Age Discrimination Act of 1975, as amended (42 U.S.e. 9~ 6101-6107), which
prohibits discrimination on thc basis of age.
e. The Drug Abuse Omce and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse.
f. The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-616), as amended, relating to nondiscrimination on
the basis of alcohol abuse or alcoholism.
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g. ~~ 523 and 527 oC the Public Health Service Act of 1912 (42 U.s.e. 290 dd-3 and 290
ee-3), as amended, relating to conlidentiality of aleohol and drug abuse patient records.
h. Title VlIl of the Civil Rights Act of 1968 (42 U.S.C. ~ 3601 et seq.), as amended, relating
to nondiscrimination in the sale, rental or financing of housing.
I. Title 44 Code oCFederal Regulations (CFR) Parts 7,16, and 19 relating to
nondiscrimination.
J. The requircments on any other nondiscrimination provisions in the specilic statute(s)
under which the application for Federal assistance is being made.
k. Will. in the cvent that a Fedcral or State court or Federal or State administrative agency
makes a tinding of discrimination after a due process hearing on the grounds or race,
color. religion, national origin, gender, or disability against a recipient of funds, the
recipient will t(mvard a copy of the tinding to the Oflicc of Civil Rights, Oftice of Justice
Programs.
I. Will provide an Equal Employment Opportunity Plan, iCapplicable, to the Department of
Justice Oftice oC Civil Rights within 60 days oC grant award.
111. \Vill comply, and assure the compliance of all its subgrantecs and contractors, with the
nondiscrimination requiremcnts and all other provisions ofthc current edition oCthe
Ottice 01' Justice Programs Financial and Administrative Guide t(lI' Grants, M71 00.1.
17. Will comply with the requirements of Titles 11 and III of the Uniform Relocation Assistance and
Real Propcrty Acquisition Policies Act oC 1970 (42 U.s.C. ~ 4601 et seq. [P.L. 91-646]) which
provides I"l' Cair and equitable treatment of persons displaced or whose property is acquired as a
result of Federal or Federally assisted programs. These requirements apply to all interested in
real propcrty acquired for project purposes regardless of Federal participation in purchases. Will
also comply with Title 44 CFR, Part 25, Unil'1rI11 Relocation Assistance and Real Property
Acquisition I"l' Federal and Federally-assisted programs.
18. Will comply, il'applicahle, with thc Ilood insurance purchase requirements of Section 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93-234) which requires recipients in a special
tlood hazard area to participate in the program and to purchase tlood insurance if the total cost of
insurable construction and acquisition is ten thousand dollars ($10,000) or more.
19. Will comply with all applicable Federal, State, and Local environmental and historical
prescrvation (EHP) requiremcnts. Failure to meet Federal, State, and Local EHP requirements
and obtain applicablc permits may jeopardize Federal funding. Will comply with all conditions
placed on any project as the result of the EHP review: any change to the scope of work ofa
project \vill n:quirc reevaluation or compliance with these EHP requirements.
20. Agrees nol to undertake any projcct having the potential to impact the EHP rcsources without the
prior writtcn approval oC DHS/fEMA/Cal EM A, including, but not limitcd to, ground
disturbance, construction, modification to any structure, physical security enhancements,
communications to\vers, and purchase and/or use of any sonar equipment. The subgrantee must
comply with all conditions placed on the project as a result of the EHP revicw. Any construction-
related activitics initiated without the necessary EHP review and approval will result in a
noncompliance linding, and may not be eligible for reimbursement with DHS/FEMA/Cal EMA
funding. Any change to the scope of work will require re-evaluation of compliance with the
E1IP. It' ground-disturbing activities occur during the project implcmentation, the subgrantee
must ensure monitoring o1'tl1e disturbance. Ifany potential archeological resources are
Page 3
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discovered, the subgrantee will immediately cease activity in that area and notify
DHS/FEMA/Cal EMA and the appropriate State Historic Preservation Office.
21. Will ensure that the Cacilities under its ownership, lease or supervision, which shall be utilized in
the accomplishment of this projcct, are not on the Environmental Protection Agency's (EPAs)
List of Viola ling Facilities, and will notify Cal EMA and the Federal Grantor agency of the
receipt 01' any communication li'om the Director of the EPA Omce of Federal Activities
indicating iCa lilcility to be used in the project is under consideration lor listing by the EPA.
22. Will provide any intormation requested by DHS/fEMA/Cal EMA to ensure compliance with
applicable laws, including the follo\ving:
a. Institution of environmental quality control measures under the National Environmental
Policy Act, National Historical Preservation Act, Archaeological and Historic
Preservation Act. Endangered Species Act, and Executive Orders on Floodplains
(] 1988), Wetlands (11990) and Environmental Justice (EO 12898) and Environmental
Quality (EOI1514).
b. Notitication of violating lilcilities pursuant to EO 11738.
c. AssuranCe of project consistency with the approved state managemcnt program
developed under the Coastal Zone Management Act of 1972 (] 6 U.S.e. 00 1451 et seq.).
d. Contemnity olTederal actions to State (Clean Air) Implementation Plans under Section
] 76(c) of the Clean Air Act 01' 1955, as amended (42 u.s.e. 0 740 I et seq.).
e. Protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, (P.L. 93-523).
r Calit(mlia Environmental Quality Act (CEQA). Calitornia Public Resources Code
Sections 21080-21098. California Code 01' Regulations, Title 14, Chapter 3 Section
15000-15007.
g. Wild and Scenic Rivers Act 01' 1968 (16 u.s.e. 00 Inl et.seq.) rclated to protecting
components or potential components 01' the national wild and scenic rivers system.
h. Applicable provisions 01' the Coastal Barrier Resources Act (P.L. 97-348) dated October
19,1982 (16 USC 3501 et seq.) which prohibits the expenditure of most new Federal
telnds within thc units of the Coastal Barrier Resources System.
23. Will comply with Standardizcd Emergency Management System (SEMS) requirements as stated
in the CalileJrnia Emergency Scrvices Act, Government Code, Chapter 7 of Division I of Title 2,
Section 8607.1 (e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448.
24. Agrees that all publications crcatcd or published with funding under this grant shall prominently
contain the following statement: "This tI(x'lImen! was prepared under a gral7fjl~om FEil1A's
Grall! Programs fJirec/orale. C/.S. Department (d'Homeland Security. Points (~lview or opinions
expressed il1 this document orc ,ho,,,'(! of/he allthors and do not necessarizv represent the qfficial
posil/on or policies of'FEMA's Grunl Prugrams Direc/()rale or lhe u.s. Deparll1\ei1l of
ffome/and Seellril". .. The recipient also agrees that, when practicable, any equipment purchased
with grant funding shall be prominently marked as tallows: "Pllrchased ,,,ili/fimds' provided h,'
lhe u.s. Deparll1\ml ofHol1\e/al1d Secllr/ly. ..
25. Acknowledges that DHS/FEMA reserves a royalty-free, nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use, tor Federal government
purposes: a) the copyright in any work developed under an award or sub-award; and b) any rights
of copyright to which a recipient or sub-recipient purchases ownership with Federal support.
Pagt.: -l-
Initials
26.
The recipient agrees to consult with DHS/FEMA/Cal EMA rcgarding the allocation of any patcnt
rights that arise from. or are purchased v\'ith, this funding.
27.
Has requested through the State of California. Federal tinancial assistance to bc used to perform
eligible work approved in the submitted application tor Fedcral assistance and after the receipt of
Federal tinancial assistance. through the State ofCalitarnia, agrees to the tallowing:
a. Promptly return to the State of California all the funds rcceived which exceed the
approved. actual expenditures as accepted by the Federal or State government.
b. In the event the approved amount of the grant is reduced. the reimbursement applicable to
the amount of the reduction will be promptly retlmded to the State ofCalilornia.
c. Separately account Ii)!" interest earned on grant Ilmds, aod will return all interest earned.
in escess or S I 00 per Federal Fiscal Year.
28.
Will comply with the Intergovernmental Personnel Act of 1970 (42 U.S C. Sections 4728-4763)
relating to prescribed standards for merit systcms lor programs funded under one or the nineteen
statutes or regulations specilied in Appendix A ofOPM's Standards for a Merit System of
Personnel Administration (5 e.F.R. 900. Subpart F).
29.
Will comply with provisions orthe Hatch Act (5 U.S.e. Sections 1501-1508 and 7324-7328)
which limit the political activities of employees whosc principal employment activities arc
funded in whole or in part with Federal flmds.
30.
Will comply. ir applicable. with P.L. 93-348 regarding the protcction of human subjects involved
in rcsearch. dcvelopment. and related activities supported by this award of assistance.
31.
Will comply. irapplicable. with the Laboratory Animal Welfare Act or 1966 (P. L. 89-544. as
amended. 7C.s.e. 213 let seq.) pertaining to the care, handling. and treatment of warm blooded
animals held lilr rcsearch. teaching, or other activities supported by this award of assistance.
'1
J......
Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor
Standards Act (29 U.s.e. 201), as they apply to employees of institutions of higher education,
hospitals, and other non-profit organizations.
33.
Will comply. as applicable. with the provisions of the Davis-Bacon Aet (40 U.s.e. Section 276a
to 276a-7), the Copeland Act (40 U.s.e. Section 276c and 18 U.s.e. Sections 874). and the
Contract Work I lours and Safety Standards Act (40 U.S.C. Sections 327-333). regarding labor
standards for Federally-assisted construction sub-agreements.
34.
Agrees that:
a. No Federal appropriated Ilmds have been paid or will be paid, by or on behalf of the
undersigncd, to any pcrson ror intluencing or attempting to intluence an omcer or
cmployee or any agency. a Member or Congress. an onicer or employee or Congress, or
an employee or a Member or Congress in connection with the making of any Federal
grant, the entering into or an}' cooperative agreement, and the extension, continuation,
rene\v'aL amendment, or modi lication of any Federal grant or cooperative agreement.
b. If any othcr funds than Federal appropriated runds have been paid or will be paid to any
person for inlluencing or attempting to intluence an ofliccr or employee of any agency, a
Membcr or Congress. an omcer or an employee of Congress, or employee ofa Member
Page 5
Initials
of Congress in connection with the Federal grant or cooperative agreement, the
undersigned shall completc and submit Standard Form LLL, "Disclosure of Lobbying
Activities:' in accordance with its instructions.
c. The undersigned shall require that the language of this certillcation be included in the
3\vard documents for all sub 3\vards at all tiers including subgrants, contracts under
grants and cooperative agreements, and subcontract(s) and that all sub recipients shall
certify and disclose accordingly.,
d. This ccrtilication is a material rcpresentation of tact upon which reliance was placed
when this transaction was made or entered into. Submission of this certiflcation is a
prerequisite for making or entering into this transaction imposed by section 1352, Title
31. U.S. Code. Any person who /ails to tile the required certitication shall be subject to a
civil pcnalty 01' not less than $10,000 and not more than S I 00,000 fllr each such lailure.
35. Agrecs that cquipment acquired or obtained with grant funds:
a. Will be made available pursuant to applicablc terms of the California Disaster and Civil
Delcnsc Master Mutual Aid Agreement in consultation with representatives of the
various fire. emergency medical. hazardous materials response services, and law
enforcement agcncics within the jurisdiction of the applicant, and deployed with
personnel trained in the use of such equipment in a manncr consistent with the California
Law Fnlllrcement Mutual Aid Plan or the Calil(1l11ia Fire Services and Rescue Mutual
Aid Plan.
b. Is consistent with nccds as identilled in the State Homeland Security Strategy and will be
deployed in conformance \vith that Strategy.
36. Agrees that l(lI1ds awarded under this grant will be used to supplement existing funds lar
program activities, and will not supplant (replace) non-Federal funds.
37. Will comply with all applicable Federal statutcs, regulations, policies, guidelines and
requirements, including OMB Circulars AI02 and A-133, E.O. 12372 and the current
Administrative Requirements, Cost Principles, and Audit Requirements.
3S. Will comply with all provisions 01'2 CFR, including: Part 215 Unitarm Administrative
Requircments I()J" Grants and Agrcements with Institutions of Higher Education, Hospitals, and
Other Non-Prolit Organizations (OMB Circular A-II 0); Part 225 Cost Principles tar Statc, Local
and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational
Institutions (OMB Circular A-21); Part 230 Cost Principles Illr Non-Protit Organizations (OMB
Circular A-122).
39. Will comply with Subtitle A. Title II of the Americans with Disabilities Act (ADA) 1990.
40. Agrees to cooperate \vith any assessments, national evaluation efforts, or infol111ation or data
collection requests, including. but not limited to, the provision of any intarmation required for
the assessment or evaluation or any activities within this agreement.
41. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and
Procedures, Contracts \vith Comlllercial Organizations.
42. Will comply with the linancial and administrative requirements set torth in the current edition of
thc DHS Financial Management Guide.
Page 6
Initials
43. Agrees that all allocations and usc of funds under this grant will be in accordance with the FY
20 I 0 Homeland Sccurity Grant Program Guidance and Application Kit, and the California
Supplemcnt to the EY 20 I 0 Homeland Security Grant Program Guidance and Application Kit.
All allocations and use ofti.lI1ds under this grant will be in accordance with the Allocations, and
usc of grant funding must support the goals and objectives includcd in the State and/or Urban
Arca Homcland Security Strategies as well as the investments identitied in the Investment
.Justifications which were submitted as part of the California FY2010 Homeland Security Grant
Program application. Further, use ofFVIO funds is limited to those investments included in the
California EV I 0 Investment .Justilications submitted to DHS/FEMA/Cal EMA and evaluated
through the peer revic\v process.
44. Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded ti'om or ineligible tor participation in Federal
assistance programs under Executive Ordcr 12549 and 12689, "Debarment and Suspension".
45. As required hy Executive Order 12549, Debarment and Suspension, and implemented at 44 CFR
Part 17, for prospective participants in primary covered transactions,
a. The applicant certilies that it and its principals:
I. Are not prcsently dcbarred, suspended, proposed lor debarment, declared
ineligihle, sentenced to a denial of Federal benelits hy a State or Federal court, or
voluntarily excluded ti'om covered transactions by any Federal department or
agency.
II. Have not within a three-year period preceding this application been convicted of
or had a civil judgment rendered against them ror commission of fraud or a
criminal offense in connection with obtaining, attempting to obtain, or pcrfonning
a public (Federal, State, or local) transaction or contract under a public
transaction; violation of Federal or State antitrust statutes or commission or
cmbezzlement, thett, ttJrgery, bribery, falsitication or destruction of records,
making hllsc statements. or receiving stolen property.
III. Arc not presently indicted f'll' or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the
offenses enumerated in paragraph (I )(b) of this certitication: and have not within
a three-year pcriod preceding this application had one or more public transactions
(federal, State, or local) terminated ttlr cause or deElLIlt: and
b. Where the applicant is unable to certify to any of tile statements in this certitication, he or
she shall attach an explanation to this application.
46. Agrees to comply \\ith the Drug-Frce Workplace Act of 1988, and celtities that it will or will
continue to provide a drug-free \vorkplace by:
a. Publishing a statement notifying emplo)'ees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in thc grantee's
workplace and specitying the actions that will be taken against employees for violation of
such prohibition.
h. Estahlishing an on-going drug-tl'ee awareness program to inform employees about:
I. The dangers or drug abuse in the \vorkplace:
II. rhe grantee's policy of maintaining a drug-free workplace;
III. Any' available drug counseling, rehabilitation. and employee assistance programs:
and
Pag~ 7
Initials
iv. The penalties that may be imposed upon employees for drug abuse violations
occurring in the workplace.
c. Making it a requirement that each employee to be engaged in the performance of the
grant be given a copy of the statement required by paragraph (a).
d. Noti I) ing the employee in the statcment requircd by paragraph (a) that, as a condition of
cmployment under the grant, the employee will
I. Abide by the terms of the statemcnt; and
11. Notify the employer in writing of his or her conviction l'or a violation ol'a
criminal drug statute occurring in the workplace no later than live calendar days
alkr slIch conviction.
c. Noti eying the agency. in \\Titing, \vithin 10 calendar days after receiving notice under
subparagraph (d)(2) li'om an employee or otherwise receiving actual notice ofsucb
conviction. lmplovers of convicted employees must provide notice, including position
title. to:
Department of Justice, Oflice of Justice Programs
ATTN: Control Desk
633 Indiana Avenue, N.W.
Washington, D.C. 20531
Notice shall include the identilication number(s) of each affected grant.
I'. Taking nne of the following actions, within 30 calendar days of receiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted.
l. Taking appropriate personnel action against sLlch an employee, up to and
including termination, consistcnt with the rcquirements of the Rehabilitation Act
of 1973, as amended; or
II. Requiring such employee to participate satisLletorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, Statc, or local
health, law entilrcement, or other appropriate agency.
g. Making a good lilith eni1l'l to continue to maintain a drug-li'ee workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (I').
47. Will comply with all applicable requirements of all other Federal and State laws, executive
orders, regulations, program and administrative requirements, policies and any other
requirements governing this program.
4H. Understands that l~li]llrc to comply \vith any of the above assurances may result in sllspension,
termination, or reduction of grant funds.
The undersigned represents that hc!she is authorized by the above named applicant to enter into this
agreement Cor and on nchalfofthc said applicant.
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Title:
Date:
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EXHIBIT E
VENDOR SERVICES AGREEMENT
This Vendor Services Agreement is entered into this _ day of
hy and hetween Leverage Information Systems Incorporated, of WoodinviIIe, Washington
("VE:"<DOR") and the City of San Bernardino, California ("CITY" or "San Bernardino").
WITNESSETH:
\VHEREAS, the Mayor and Common Council has determined that it is advantageous
and in thc best intcrcst of the CITY to contract for thc installation, configuration, and activation
of an eleven camera Downtown Camera Protection Zone system that will conncct to thc CITY'S
cxisting Crimc Camcra Systcm for the San Bernardino Police Departmcnt;
NOW, THEREFORE, the partics hereto agree as follows:
I. SCOPE OF SERVICES.
For the remuncration stipulated, CITY hcrcby engages the services of VENDOR to
provide those products and services as set forth in Leverage Information System's Project
Capstone documcnt #IC (dated June 16,2011) as Exhibit "A," attached hereto and incorporated
herein.
2. COMPENSATION AND EXPENSES.
a. For the services delineated above, the VENDOR, shall retain deliver, install,
configure, activate and provide the training outlined in the VENDOR'S Project
Capstone attached as Exhibit "A".
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The initial term of this Agreement shall be for a period of six months. The VENDOR
must complete all work with 180 days of receipt of a City Purchase Order.
The CITY may terminate this Agrecment at any time by giving ninety (90) days written notice to
Vendor. CITY shall pay all that is payable under this Agreement to Vendor until the date of
termination.
Etket of Termination. If this Agreement is terminated as provided herein, CITY may require
Vendor to provide all finished or unfinished documents and data and other information of any
kind prepared by Vendor in connection with the performance of services under this Agreement.
Vendor shall be required to provide such documents and other infomlation within fifteen (15)
days of thc rcquest.
4. I:"<DEMNITY.
Vendor agrces to and shall indemnify and hold the City, its elected officials, employees,
agcnts or rcpresentatives, fi'ee and harmless from all claims, actions, damages and liabilities of
any kind and nature arising fi'om bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or omission of Vendor, its employees, agents, or
subcontractors, relating to or in any way connccted with the accomplishment of the work or
performance of services under this Agreement, unless the bodily injury or property damage was
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of thc foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected ot1icials, employees, agents or
representatives fl'om any and all legal actions hased upon sueh actual or alleged acts or
omiSSions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against thc City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connectcd with the
accomplishment of the work or performance of serviccs under this Agreement.
5. INSL'RANCE.
While not rcstricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in ctrcct policies of comprehensive public. general and automobile
liability insurancc, in the amount of $1 ,000,000.00 combined single limit, and statutory worker's
compcnsation coverage, and shall file copies of said policies with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth 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 at least 30 days prior to any
ehangc in or termination of the policy.
6. NON-DISCRIMINA T101\'.
In thc per!')J"Jnance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its ot1icers, employees or agents to engage in,
discrimination in employment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. INDEPENDEI'iT 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
Incomc Tax, Social Security, State Disability Insurance Compensation, Unemployment
Compcnsation, and othcr payroll deductions for VENDOR and its ot1ieers, agents, and
cmployees, and all business license, if any arc required, in connection with the services to be
performed hereunder.
8. BL'SINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR walTants 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 notices 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:
TO THE VENDOR:
Jarrod Burguan, Police Captain
San Bernardino Police Department
710 North "D" Street - B Bldg PSG
San Bernardino, CA 9240 I
Telephone: (909) 384-5742
Mr. Douglas M. Chesler
Leverage Information Systems Inc.
18S15 1391h Ave NE, Suite B
Woodinville, WA 98072
Telephone: (425) 420-1555
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 of1iee 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 hy VENDOR hereunder
fi.,r 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
mandatory and not permissive in nature.
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.
IS. HEADINGS.
The subject headings of the sections of this Agreement are ineluded for the purposes oC
convemence only and shall not affect the construction or the interpretation of any of its
provIsions.
16. SEVERABILITY.
I I' any provision of this Agreement is determined by a COlui of competent jurisdiction to
be invalid or unenCorceable Cor any reason. such determination shall not afCect the validity or
enCorceability of the remaining terms and provisions hereof or of the offending provision in any
othcr circumstancc. and thc rcmaining provisions of this Agreement shall remain in full force
and effect.
17. RE~lEDIES; WAIVER.
All remedies available to either party for one or more breaches by the other party are and
shall be decmed cumulative and may be exercised separately or concurrently without waiver of
any other remedies. The failure of cithcr party to act in the event of a breach of this Agrecmcnt
by the other shall not be deemed a waiver of such breach or a waiver of future breaches. unless
such waiver shall be in writing ancl signed by the party against whom enforcement is sought.
18. ENTIRE AGREEMEl'iT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties. and supersedes any prior agreements and understandings relating to the subject matter of
this Agreement. This Agreement may be modified or amended only by a written instrument
executcd by all parties to this Agreement.
IN WIT:\IESS THEREOF. the parties hereto have executed this Agreement on the day
and datc sct forth below.
Dated:
.2011
Leverage Information Systems Inc.
By:
Douglas M. Chesler. CEO
Dated
.2011
CITY OF SAN BERNARDINO
By:
Approved as to Form:
James E Penman. City Attorney
/~
Charles McNeely. City Manager
By:
LEV~MG,J;;
San Bernardino Police Department
Downtown Camera Protection Zone (Document 1C)
June 16, 2011
Table of Contents
Executive Overview......................................................................................................4
Camera Section...........................................................................................................5
Site B - North F Street & West 2nd Street.................................................................5
Site C - West 2nd Street & North Mountain Avenue..................................................8
Site D - West 3rd Street & North Arrowhead Avenue..............................................11
Site E - 300 North D Street................................................................................... .14
Site F - 300 North D Street ....................................................................................17
Site G - West 4th Street & North Arrowhead Avenue..............................................20
Site H - West 5th Street & North D Street ...............................................................23
Site 1- West 6th Street & North E Street.................................................................26
Site J - 666 West 4th Street ....................................................................................29
Site K - West 5th Street & North F Street................................................................32
Site L - West 4th Street & North E Street................................................................35
Cost Summary for Camera Section. .......................................................................38
City Hall Core Networking......................................................................................... .39
2nd Street Wireless Mesh (Site B) ...........................................................................39
3rd Street Wireless Mesh (Sites C & D)...................................................................44
4th Street Wireless Mesh (Sites G, J, & L) ..............................................................48
5th Street Wireless Mesh (Sites H & K) ...................................................................57
City Hall................................................................................................................. .62
Cost Summary for City Hall Core Networking .........................................................64
City Hall to Police Department ...................................................................................65
Police Department................................................................................................. .65
6th Street Wireless Mesh........................................................................................ .68
Video Storage and Computer Stations .................................................. ....... ..............71
Project Cost Summary............................................................................................... 73
Pre-competed Contract.............................................................................................. 73
Training...................................................................................................................... 74
Maintenance and Support Plan.................................................................................. 74
Payment Milestones ...... ......... ......... ............ ......... ............ ............ ......... .....75
Page 1
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
LEV~BAG.t.
Table of Figures
Figure 1. Site B - North F Street and West 2nd Street........................................................... 6
Figure 2. Site B Complete........................................................................................................... 7
Figure 3. Site C - West 2nd Street & North Mountain View Avenue................................... 9
Figure 4. Site C Complete ........................................................................................................ 10
Figure 5. Site D West 3rd Street & North Arrowhead Avenue ............................................ 12
Figure 6. Site D Complete ........................................................................................................ 13
Figure 7. Site E 300 North D Street ........................................................................................ 15
Figure 8. Site E Camera Installation ....................................................................................... 16
Figure 9. Site F 300 North D Street......................................................................................... 18
Figure 10. Site F Camera Installation ..................................................................................... 19
Figure 11. Site G West 4th Street & Arrowhead Avenue..................................................... 21
Figure 12. Site G Complete ...................................................................................................... 22
Figure 13. Site H West 5th Street and North D Street ......................................................... 24
Figure 14. Site H Complete ...................................................................................................... 25
Figure 15. Site I West 6th Street & North E Street ................................................................ 27
Figure 16. Site I Complete ........................................................................................................ 28
Figure 17. Site J 666 West 4th Street..................................................................................... 30
Figure 18. Site J Complete ....................................................................................................... 31
Figure 19. Site K West 5th Street & North F Street.............................................................. 33
Figure 20. Site K Complete ...................................................................................................... 34
Figure 21. Site L West 4th Street & North E Street .............................................................. 36
Figure 22. Site L Complete....................................................................................................... 37
Figure 23. 2nd Street Wireless Mesh Overview.................................................................... 40
Figure 24. City Hall to City Hall Parking Structure ................................................................ 41
Figure 25. City Hall Parking Structure to Site B.................................................................... 42
Figure 26. 2nd Street Mesh Illustrated.................................................................................... 43
Figure 27. 3rd Street Wireless Mesh Overview.................................................................... 45
Figure 28. City Hall to Site D (West 3rd Street & North Arrowhead Avenue)................... 46
Figure 29. 3rd Street Mesh Illustrated ................................................................................... 47
Figure 30. 4th Street Mesh Overview ..................................................................................... 50
Figure 31. City Hall to Site L (West 4th Street & North E Street) ........................................ 51
Figure 32. Wireless Hop - 4th Street and D Street ............................................................... 52
Figure 33. Wireless Hop - 4th Street and D Street Complete............................................. 53
Figure 34. Wireless Hop - 4th Street and F Street................................................................ 54
Figure 35. Wireless Hop - 4th Street and F Street Complete ............................................. 55
Figure 36. 4th Street Wireless Mesh Illustrated .................................................................... 56
Figure 37. 5th Street Mesh Overview ..................................................................................... 58
Figure 38. Wireless Hop - 5th Street and E Street ............................................................... 59
Figure 39. Wireless Hop - 5th Street and E Street Complete ............................................. 60
Figure 40. 5th Street Wireless Mesh Illustrated .................................................................... 61
Figure 41. City Hall Core Network ........................................................................................... 63
Figure 42. Police Department Roof......................................................................................... 66
Page 2
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
LEV~BAG,~
Figure 43. City Hall to Police Department Network .............................................................. 67
Figure 44. 6th Street Wireless Mesh....................................................................................... 69
Figure 45. 6th Street Wireless Mesh Illustrated .................................................................... 70
Figure 46. Video Storage and Computer Systems.............................................................. 72
Page 3
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and ;s to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
LEV~MG,J;;
Executive Overview
The intent of this document is to provide an overview of the "Downtown Camera
Protection Zone" for the City of San Bernardino, CA. The overview includes capabilities
of the system, equipment requirements, administrative/training needs, and a cost
estimate broken down into categories by functional area.
The surveillance system will be an IP based system that can be linked to other systems
such as Computer Aided Dispatching, Access Control, and other real time event
notification systems providing a proactive incident response capability. The system will
be implemented in a manner that provides virtually unlimited scalability restrained only
by the IP network. The IP network will be able to provide future connectivity to any
desired location in the city via wired and wireless technologies, extending the
surveillance capabilities to virtually anywhere.
Intelligent camera capabilities, including integration of private video systems, can
provide a high degree of situational awareness. Incident response will be improved
through capabilities including intervention through one way audio, and awareness of
Police Department resources.
The system will be an open architecture capable of interconnecting to devices and
systems either existing or planned. The unification of these systems will be
accomplished to provide real-time situational awareness, and proactive response
capabilities to increase productivity and improve citizen quality of life.
Capabilities of this system are further defined by the following reference documents:
. Leverage VMS Datasheet
. Leverage Detect Datasheet
Page 4
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
LEV~B.AG,~
Camera Section
Site B - North F Street & West 2nd Street
This camera will be installed on an existing city owned combination traffic signal/light pole
on the north side of 2nd Street. The installation will not require any excavation of soil at
the site. This camera will have the ability to monitor the south parking lot of Carousel
Mall, the parking lot of CalTrans, the parking lot of Food for Less, the west parking lot of
Business Bank of California, Starbucks and a convenience store/gas station.
This camera will wirelessly connect to the City Hall Parking lot, then City Hall Roof. MIMO
wireless technology will be used for this link that will be referred to as the 2nd Street Mesh.
Milestone: Camera Installation
Camera will be mounted and power provisioned from the pole as indicated in figure below
(Site B. Camera Installation).
A Leverage LSN653E will be mounted at Site B and provide a MIMO wireless connection
to a light pole on the City Hall parking lot (see City Hall Parking Lot figure below). From
the City Parking lot light pole the MIMO wireless signal will be propagated to the City Hall
roof.
$249500
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liOiCh IVO'-'"32J.CCS'!M l~~a-Ll)J(Z06irf Hltt.AnaIoQdear.~hl&nT1uv........
l t;::jPort 7020, 0I.td00r' MMO-802.'1ncapeble, OuIIRado, TI1 BlIndSpedrum 2.4QHzJ4.9
OH%J5OHz:,400 rfII\i, WleIess Mntl\lklde. 5 meter Ncir1tl AmerlceAC power c..-, six 2..
OttzSdEllnemas,sb: 50Hz5dE11~, 3RJ45~ethemcltconroectorS
~.., co tnd ~e instllletion guk:le.Cfty sf'ge rd:l enebIed. Seecnd r8(iO
eneloIng,ecp-esflllChllseol'9N-l~1.11n-hWOf1.n::ti:lOIIlIr~~e
iretde 7020 ofSW-7OQO...WIK)1icense
Fhtlde 700J Sones Redo l.icl!nse (B..fCTRONC LICENSE) . M:rws l.ISet to eneble lnl use
Firetde SW-7000-RAD10-1 secordrlldontheFretide7000series odudtora node.
Fretlde 7000 senes IrlIMO ucense (aECTRQNC lXENSE) . AJows ~ ttI enlltIle ern: use
rretiOe SW-7~_ thetalO "n ootheFl'ebde7lXXlser'es !Ofl node.
1500.00 S5OO00
40000 $1400.00
l.everlllQll .
lESM>:lX
-.,-.,,1~~t6Ie";'\W"eTeiT.'1iIMO.,,'H'IRaAudlo;Er1lCInCOllreccrCWlQ~
IT axable Totals -PRICE
:Hardware $16,115.05
I Shipping & Handling (Taxable) $421.10
I I
I Sub total $11,142.15
ISales Tax (RATE%) '0.0900 $1,542.19
IIlon- Taxable Totals
iShlpping & Handling (lion-Taxable) $0.00
I Maintenance 1 ~ Year $3,622.01
I External Labor I $2.461.54
!Labor, Engineering, Project Management, Travel, Training and Per Diem $6,630.00
I Bonding Job Sub. Total $26,961.06
Bonding to.GO'I. I $0.00
ITotal Project Price I $31.398.49
Site B Diagrams
Page 5
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with those
individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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Site C - West 2nd Street & North Mountain Avenue
This camera will be installed on an existing city owned light pole on the north side of 2nd
Street west of Mountain View Avenue. The installation will not require any excavation of
soil at the site. This camera will have the ability to monitor Meadowbrook Park, the
north side of the Meadowbrook Towers Apartments, the parking lot for Meadowbrook
Towers Apartments, and the south parking lot of the County Courthouse.
This camera will wirelessly connect to Site 0 (West 3rd Street & North Arrowhead
Avenue), then City Hall Roof. MIMO wireless technology will be used for this link that
will be referred to as the 3rd Street Mesh.
Milestone: Camera Installation
Camera will be mounted and power provisioned from the pole as indicated in figure
below (Site C. Camera Installation)
A Leverage LSN653E will be mounted at Site C and provide a MIMO wireless
connection to Site 0 (see figure below). From Site 0 the MIMO wireless signal will be
propagated to the City Hall roof.
~MfGttAME-I-"G-PART~ roIFGPART DfSCRlPTtoH
60teh I~ji. IXIOSerIe$"PTZClIrnera:;26X"ZOOl'TI Ncti AMIoaCld.~7MO$tIib.W"11OVAC
Uver8O$ __ ~_ 1\.SIIti~ _.~__ ISiTCletSllVeMnCeNode 'N'~ ~w~/Io/4lAtQ ~r
I'-QTY~ -~ --I"-EXT~PRICE 111
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iT a.able Totals
: Hardware
IShipping & Handling (Taxable)
I
I
ISales Tax (RATE%)
,tlon~Ta.able Totals
IShipping & Handling (lion-Taxable)
IMaintenance 1-Year
IExternallabor
tLabor I Engineering, Project Management, Travel, Training and Per Diem
PRICE
$11,218.39
$281.39
I
Subtotal $1t,505.18
0.0900 $1,035.52
: Bonding
ITota' Project Price
$0.00
$2,896.84
$2,461.54
$4,690.00
Bonding Job Sub-Total $18,805.23
: 0.00'10 I $0.00
$22,589.68
Site C Diagrams
Page 8
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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Site 0 - West 3'd Street & North Arrowhead Avenue
This camera will be installed on an existing city owned combination traffic signal/light
pole on the northwest corner of 3rd Street and Arrowhead Avenue. The installation will
not require any excavation of soil at the site. The camera will have the ability to monitor
the west and south side of the main County Courthouse, the north and east side of the
County Court Annex Building, one parking lot of the County Courthouse, the south and
east side of Wells Fargo Bank, and the front entrances of the City Hall and San
Bernardino County Sun Newspaper building.
This camera will wirelessly connect to the City Hall Roof. MIMO wireless technology will
be used for this link that will be referred to as the 3rd Street Mesh.
Milestone: Camera Installation
Camera will be mounted and power provisioned from the pole as indicated in figure
below (Site 0 Camera Installation)
A Leverage LSN653E will be mounted at Site 0 and provide a MIMO wireless
connection to the City Hall's roof (see figure below).
r-'"MFC-1iAME
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iT axable Totals PRICE
: Hardware $11,655.22
IShipping & Handling (Taxable) $299.32
I I
I Sub total $11,954.54
ISales Tax (RATE%) 0.0900 $1,075.91
lion-Taxable Totals
iShipping & Handling (lion-Taxable) $0.00
lMaintenance 1- Year $2,896.84
IExternallabor i $2,461.54
ILabor, Engineering, Project Management, Travel, Training and Per Diem $4,930.00
I Bonding Job Sub-Total $19,482.05
!OondillU :0.000;' I $0.00
ITo1al Project Price I $23.318.82
Site D Diagrams
Page 11
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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Site E - 300 North D Street
This camera will be installed on an existing city owned building. The camera will be
located on the northeast corner roof of City Hall, approximately 6 stories above ground
level. The installation will not require any excavation of soil at the site. This camera will
have the ability to monitor the main entrance and north parking lot of City Hall, the south
and west sides of Bank of America and Wells Fargo Bank, the entrance to Chase Bank
and the front of the Mexican Consulate Office.
This camera will be hard wired to a Network Switch located in a secure area. Video
from this camera will be recorded to a Network Video Recorder in the same location as
the Network Switch, with a failover path to the Network Video Recorder located at the
San Bernardino Police Department, via the high speed 1 Gbps backbone that connects
City Hall to the Police Department.
Milestone: Camera Installation
Camera will be mounted and power provisioned as indicated in figure below (Site E
Camera Installation). Mounting includes conduit and cabling from the camera to the
secure location on the City Bank roof.
MFGIIAME
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IT ..able Totals
I Hardware
I,Shipping & Handling (Taxable)
i
I
iSales Tax (RATE%)
lIon- T ..able Totals
IShipping & Handling (lion-Taxable)
i Maintenance 1- Year
i External Labor
ILabor, Engineering, Project Management, Travel, Training and Per Diem
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ISondino
ITotal Project Price
I
Sub total
10.0900
PRICE
$4,925.94
$114.96
$5,040.90
$453.68
Bonding Job Sub. Total
10.00% I
$0.00
$825.00
$0.00
$2,290.00
$8,040.94
$0.00
$8.609.58
Site E Diagrams
Page 14
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and ;5 to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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Site F - 300 North D Street
This camera will be installed on an existing city owned building. The camera will be
located on the northwest corner roof of City Hall, approximately 7 stories from ground
level. The installation will not require any excavation of soil at the site. This camera will
have the ability to monitor the north parking lot of City Hall, Court Street Square, the
south side of the "Breezeway", the top level and entrance to the Carousel Mall parking
structure, the east entrance to Carousel Mall, and all business on Court Street between
D Street and E Street.
This camera will be hard wired to a Network Switch located in a secure area. Video
from this camera will be recorded to a Network Video Recorder in the same location as
the Network Switch, with a failover path to the Network Video Recorder located at the
San Bernardino Police Department, via the high speed 1 Gbps backbone that connects
City Hall to the Police Department.
Milestone: Camera Installation
Camera will be mounted and power provisioned as indicated in figure below (Site F
Camera Installation). Mounting includes conduit and cabling from the camera to the
secure location on the City Bank roof.
~MfGJIAME-I-MFGPAAT .
MFGPART"DESCRlPnOIl
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Hardware
IShipping & Handiing (Taxable)
I
I
ISales Tax (RATE%)
1I0n- T ..able Totals
I Shipping & Handling (lion-Taxable)
Maintenance 1- Year
External labor
Labor I Engineering, Project Management, Travel, Training and Per Diem
PRICE
$5.156.71
$120.81
I
Sub total
0.0900
$5,277.52
$474.98
i Bonding
ITotal Project Price
Bonding Job Sull- T otol
:0.000/. I
$0.00
$825.00
$0.00
$1,310.00
$7.291.71
$0.00
$7.887.49
Site F Diagrams
Page 17
This document is be treated as proprietary and confidential to Leverage lnfonnation Systems. Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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Site G - West 4th Street & North Arrowhead Avenue
This camera will be installed on an existing city owned combination traffic signal/street
light pole on the northeast corner of 4th Street and Arrowhead Avenue. The installation
will not require any excavation of soil at the site. This camera will have the ability to
monitor the main entrance and north exit of the County Courthouse, the front of the
County Government Building and will have an unobstructed view of 4th Street down to E
Street.
Milestone: Camera Installation
Camera will be mounted and power provisioned from the pole as indicated in figure
below (Site G Camera Installation)
A Leverage LSN653E will be mounted at Site G and provide a MIMO wireless
connection to the intersection of 4th and D Street. From 4th and D Street the MIMO link
will continue to Site L, 4th and E Street. 4th and E Street will continue to the City Hall
roof where the 4th Street mesh will terminate.
"""--MFGMME-' we PART if
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MFtfPART DESCJlIP110JI
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H axable Totals PRICE
i Hardware $11,218.39
IShipping & Handling (Taxable) $281.39
I I
I Sub total $11,505.18
ISaies Tax (RATE%) 0.0900 $1,035.52
;Ilon-Ta.able Totals
I Shipping & Handling (lion-Taxable) $0.00
I Maintenance 1- Year $2,896.84
I External Labor I $2,461.54
ILabor, Engineering, Project Management, Travel, Training and Per Diem $4,690.00
I Bonding Job Sub-Total $18,805.23
I Bonding 10.00% I $0.00
ITota' Project Price I $22,589.68
Site G Diagrams
Page 20
This document is be treated as proprietary and confidential to Leverage Information Systems. Ine and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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Site H - West 5th Street & North D Street
This camera will be installed on an existing city owned combination traffic signal/street
light pole on the southwest corner of 5th Street and D Street. The installation will not
require any excavation of soil at this site. This camera will have the ability to monitor
the Downtown Post Office, a strip mall and several restaurants.
Milestone: Camera Installation
Camera will be mounted and power provisioned from the pole as indicated in figure
below (Site H Camera Installation)
A Leverage LSN653E will be mounted at Site H and provide a MIMO wireless
connection to the intersection of 5th and E Street. From 5th and E Street the MIMO link
will continue to Site K, 5th and F Street. 5th and F Street will continue to the City Hall
roof where the 5th Street mesh will terminate.
~MfGHAME~-MfGPART.-l
we PART DESCRlPTIOII
I oR"IPfUCE-,rEXT:PRJCI.l
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iT a.able T oIols PRICE
, Hardware $11,218.39
: Shipping & Handling (Taxable) $281.39
I I
I Sub total $11,505.18
ISales Tax (RATE%) 0.0900 $1,035.52
: lIon~ Taxable T atOlls
I Shipping & Handling (lion-Taxable) $0.00
I Maintenance 1- Year $2,896.84
I External Labor I $2,461.54
ILabor I Engineering, Project Management, Travel, Training and Per Diem $4,690.00
I Bonding Job S\lb~ Total $18,805.23
I Bonding 10.00% I $0.00
ITotal Project Price $22,589.68
Site H Diagrams
Page 23
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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Site I - West 6th Street & North E Street
This camera will be installed on an existing city owned combination traffic signal/street
light pole on the northeast corner of 6th Street and E Street. The installation will not
require any excavation of soil at the site. This camera will have the ability to monitor the
Norman Feldheym Public Library. Pioneer Park and the San Bernardino Chamber of
Commerce.
Milestone: Camera Installation
Camera will be mounted and power provisioned from the pole as indicated in figure
below (Site I Camera Installation)
A Leverage LSN653E will be mounted at Site I and provide a MIMO wireless connection
to the Police Department where the 6th Street Mesh will terminate.
r--MFcilAME-~MfGPART1i-1
MFG PART DESCRIPTIOII
I OTY..I-PRrCE~"EXT. PRICf"1
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Taxable Totals
I Hardware
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,Iton- Taxable T otol8
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'Maintenance 1- Year
External Labor
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Sub toto' $11,505.18
10.0900 $1,035.52
PRICE
$11,218.39
$281.39
Bonding
I Total Project Price
$0.00
$2,896.84
$2,461.54
$4,690.00
Bonding Job Sub-Toto' $18,805.23
10.00'10 I $0.00
$22.589.68
Site I Diagrams
Page 26
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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Site J - 666 West 4th Street
This camera will be installed on an existing city owned combination street light pole on
the north side of 6th Street east of North G Street. The installation will not require any
excavation of soil at the site. This camera will have the ability to monitor the north
parking lot of the Carousel Mall, the Stater Brothers shopping center, and the west side
of the parking lot for the future movie theater.
Milestone: Camera Installation
Camera will be mounted and power provisioned from the pole as indicated in figure
below (Site J Camera Installation)
A Leverage LSN653E will be mounted at Site J and provide a MIMO wireless
connection to the City Hall via the 4th Street Mesh.
r--MfGnAME-r-MFGPART~t
MFG PART DESCRIPTiON
l' OTY""-PRlCE-' -En :'PRIcE"
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IT a.able Totals PRICE
IHardware $11,218.39
IShipping & Handling (Taxable) $287.39
I I
I Sub total $11,505.78
ISales Tax (RATE%) 0.0900 $1,035.52
IIon- T a.able Totals
i Shipping & Handling (lion-Taxable) $0.00
Maintenance 1- Year $2,896.84
External Labor I $2,461.54
Labor. Engineering, Project Management, Travel, Training and Per Diem $4.690.00
I Bonding Job Sub- T Qtal $18,805.23
IBonding 10.00'10 I $0.00
ITotal Project Price I $22,589.68
Site J Diagrams
Page 29
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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Site K - West 5th Street & North F Street
This camera will be installed on an existing city owned combination street light pole on
the north side of 6th Street east of North G Street. The installation will not require any
excavation of soil at the site. This camera will have the ability to monitor the north
parking lot of the Carousel Mall, the Stater Brothers shopping center, and the west side
of the parking lot for the future movie theater.
Milestone: Camera Installation
Camera will be mounted and power provisioned from the pole as indicated in figure
below (Site K Camera Installation)
A Leverage LSN653E will be mounted at Site K and provide a MIMO wireless
connection to the City Hall via the 5th Street Mesh.
r--MfGIIAME-r--MfGPAAr.-t
MFG PART DESCRIPTIO"
IOTY-:"'-PRiCE-' -En: PRICE"
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'Ta.able Totals PRICE
I Hardware $11,655.22
I Shipping & Handling (Taxable) $299.32
I I
I Subtotal $11,954.54
iSales Tax (RATE%) o .0900 $1,075.91
lIon. T ..able Totals
I Shipping & Handling (Uon.Taxable) $0.00
'Maintenance 1-Year $2,896.84
External Labor I $2,461.54
;Labor, Engineering, Project Management, Travel, Training and Per Diem $4.690.00
I Bonding Job Sub. Total $19,242.05
Bonding 10.00% I $0.00
ITota' Project Price I $23.078.82
Site K Diagrams
Page 32
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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Site L - West 4th Street & North E Street
This camera will be installed on an existing city owned combination traffic signal/street
light pole on the northwest corner of 4th Street and E Street. The installation will not
require any excavation of soil at the site. This camera will have the ability to monitor the
entrance and ticket booth of the future movie theater. It will also be able to monitor the
entrance and west and south side of the CalTrans building.
Milestone: Camera Installation
Camera will be mounted and power provisioned from the pole as indicated in figure
below (Site L Camera Installation)
A Leverage LSN653E will be mounted at Site K and provide a MIMO wireless
connection to the City Hall via the 4th Street Mesh.
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$28,563.81
Site L Diagrams
Pase 35
This document is be treated as proprietary and confidential to leverage Information Systems. Inc and is to be shared only with
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Cost Summary for Camera Section.
'Taxable Totals
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$11.276.60
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$0.00
$29,089.37
$22,153.85
$47,990.00
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$0.00
$235.805.41
Page 38
This document is be treated as proprietary and confidential to Leverage Information Systems, tne and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
LEV~MG.J;;
City Hall Core Networking
The City Hall roof will serve as the origin of four wireless MIMO mesh networks (2nd, 3rd,
4th, and 5th Street meshes). Each mesh will provide network connectivity to surveillance
cameras. The mesh networks are defined in the section.
The 4th and 5th street MIMO wireless meshes will include intermediary "hop" locations to
continue to propagate the network.
2nd Street Wireless Mesh (Site B)
This MIMO wireless mesh originates at City Hall propagating to the City Hall parking lot.
A pole on the top floor of the City Hall parking lot will function as a relay point to provide
a connection to Site B. The following diagrams provide additional information.
2nd Street Wireless Mesh Diagrams
Page 39
This document is be treated as proprietary and confidential to leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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3'd Street Wireless Mesh (Sites C & D)
This MIMO wireless mesh originates at City Hall propagating to Site D - West 3'd Street
& Arrowhead Avenue. From Site D, This MIMO wireless mesh extends to Site C - West
2nd Street & North Mountain View Avenue. The following diagrams provide additional
information.
3'd Street Wireless Mesh Diagrams
Page 44
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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4th Street Wireless Mesh (Sites G, J, & L)
This MIMO wireless mesh originates at City Hall propagating to Site L - West 4th and E
Street. From Site L the mesh will split in two directions. One will provide connectivity to
Site J via a wireless hop at 4th and F Street. Another will provide connectivity to Site G
4th and Arrowhead Avenue via a wireless hop at 4th and 0 Street.
Milestone: City Hall Core Networking - 4th and F Street
iT a.able Totals
I Hardware
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! Maintenance 1 ~ Year
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495.00 $2495.00
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iretde ~ 7020 ofSW-7OOO-MMOicense
PRICE
$5,452.70
$138.74
I
Sub total
0.0900
$5,591.44
$503.23
Bonding Job Sub. Total
:0.00%
$0.00
$642.68
$2,461.54
$2,470.00
$8,565.38
I $0.00
$11,668.88
Page 48
This document is be treated as proprietary and confidential to leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
LEV~BAG,E
Milestone: City Hall Core Networking - 4th and D Street
MFG PART *
MFGPAAT'ilt:SCRJPTlO"
HotPort7020,~doorherllO-802.11ncepeble,OuIIIRalJo,TrlBa-1dSpectn.m2,40Hz.11,9
0Hz1.; 0Hz,4001fW, YIArtIIns MMhNode, 5 meter Nor1h America ACpo'NtIl' C8tlle, $0:: 2.4
0Hz 5 dEl ert~, six 5 0Hz 5 dEll nemss, J RJ45 we&Cherizecl ethemlII cmnectors
docunert8tion CD and Iwdwlre insaI8tion ~_ Ontv... rfd) enIt:i6!d Seccnd rUo
er**'>I~~ofSN-~AOlO-1,11n-MNOfu1dionIltyrecP-esPllct'ese
of SW-7QCIO.f6IO lieense.
$2495.00 ..$2495.00
MfGttAME
--PRh-- ~E
[
.-
7020
iT a.able T atals PRICE
: Hardware $5,452.70
I Shipping & Handling (Taxable) $138.74
I I
I Sub total $5,591.44
I Sales Tax (RA TE%) o .OSOO $503.23
Ilon- T a.able T atals
iShipping & Handling (lion-Taxable) $0.00
: Maintenance 1- Year $642.68
: External Labor I $2,461.54
iLabor, Engineering, Project Management, Travel, Training and Per Diem $2,470.00
I Bonding Job Sub-Total $8,565.38
IBondillg 10.00'1. I $0.00
IT ota' Project Price I $11,668.88
4th Street Wireless Mesh Diagrams
Pase 49
This document is be treated as proprietary and confidential to Leverage Information Systems, Jne and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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LEV~BAG,J:;
5th Street Wireless Mesh (Sites H & K)
This MIMO wireless mesh originates at City Hall propagating to Site K - West 5th Street
and North F Street. From Site K this MIMO wireless mesh extends to Site H - West 5th
Street and North D Street, via a wireless hop located at West 5th Street and E Street.
The following diagrams provide additional information.
Milestone: City Hall Core Networking - 5th and E Street
MFG ttAMf-- -WG PART 11
MFG PART DESCRIPTIO"
HDtPorI. 7020,CUOOorhlMO-l102,11n~, DulIIRatIo, TriBend Spedn.rn 2.4 QHzJ43
0HV5 OH1:,400rdN. ~MeahNode,5Il'll!1t8rNorthArnericeACpawer C8ble, sO: 2..
0Hz.5cEl1nemas,sbc 50Hz S 18nema, 3RJ45~zedethernlllc0nnect0r3
~IIIlUlCO.-d~e~._Orrt'....rd:llll'll!ltJted_SeecrdI'8liD
enet*'9te(JJ1res ~ 0'1 SW-llXXl-RAOIO-" 11" -MMOf\n:tionlIIIIyr~ pl.FCI1ese
o'Iw-t-70Cl0-1rI8iI01il::ermI,
$2495.00 $2495.00
Ifetide...._ 7020
,Ta.able Totals PRICE
I Hardware $5,452.10
IShipping 8. Handling (Taxable) $138.14
I
Sub total $5,591.44
Sales Tax (RA TE%) 10.0900 $503.23
lllon- T a.able Totals
I Shipping 8. Handling (11011- Taxable) $0.00
IMaintenance 1-Year $642.68
I External Labor I $2,461.54
ILabor, Engineering, Project Management, Travel, Training and Per Diem $2,410.00
I Bonding Job Sub. Total $8,565.38
I Bonding 10.00% I $0.00
ITota' Project Price I $1t,668.88
5th Street Wireless Mesh Diagrams
Page 57
This document is be treated as proprietary and confidential to Leverage Information Systems, lnc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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City Hall
City Hall will provide a collection point for IP Surveillance video from several locations
within the downtown area supporting the "Downtown Camera Protection Zone". The
two cameras mounted at City Hall will be locally recorded at this location, with a failover
capability at the Police Department facility.
A network switch at this location will provide interconnection between the radio uplinks
for the downtown cameras and the high speed wireless link to the Police Department.
This switch will also provide connectivity for the 2 cameras and Network Video Recorder.
The diagrams below provide additional information for this portion of the design.
Milestone: City Hall Core Networking - City Hall Facility
r---"MfGrw.r-'-wG"PAAT--'-'
MFG PART DESCRlPTIOII
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Q1!)W..~license
Frelll:ie 7tOJ SerIes R8lIo LIcense (B..ECTRONC LICENSE) - AIows user to <<*:lIe nl use
second r<<lo nthe FIretlde 7000 series lor II node
Fretlcte 1000 SerIes MM:;) ucenae (8..fCTRCH: I.JCENSE) . AIows user to eneI:1le IInd use
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illon-Taxable Totals
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~ External Labor
:Labor, Engineering, Project Management, Travel, Training and Per Diem
PRICE
$25,269,17
$110.13
I
Sub total $25,980.50
0.0900 $2.338,24
I Bonding
ITotal Project Price
$0.00
$4,401.50
$141,16
$8.230.00
Bonding Job Sub-Total $31,901,2]
'0.00% I $0.00
$41.104.00
City Hall Diagram
Page 62
This document is be treated as proprietary and confidential to leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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Cost Summary for City Hall Core Networking
IT a.able T atals
Hardware
,Shipping & Handling (Taxable)
I
I
,Sales Tax (RATE%)
Uon- Taxable Totals
IShipping & Handling (lion-Taxable)
IMaintenance 1-Year
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[Labor, Engineering, Project Management, Travel, Training and Per Diem
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ITota. Project Price
PRICE
$41,621.81
$1,126.93
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Sub total $42,154.81
$3,841.93
$0.00
$6,335.52
$8,132.31
$15,640.00
Bonding Job Sub-Total $63,603.39
$0.00
$16.110.63
Page 64
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
LEV~BAG,~
City Hall to Police Department
Police Department
The Police Department will receive IP Video surveillance directly from the 6th Street
Wireless Mesh, and all other cameras via the High Speed Wireless link from City Hall.
These wireless networks will be routed to a network switch located at the Police
Department.
Milestone: City Hall to Police Department Cost Summary
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$1,492.11
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:Ilon-l..able Totals
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110tal Project Price
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$5,234.83
$0.00
$8,236.32
$141.16
$6,140.00
Bonding Job Sub.Total $71,048.31
$0.00
$18.523.61
Police Department Diagrams
Page 65
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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6th Street Wireless Mesh
This MIMO wireless mesh originates at the Police Department and propagates to Site I
West 6th Street and North E Street.
6th Street Wireless Mesh Diagrams
Page 68
This document is be treated as proprietary and confidential to Leverage Information Systems, lne and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
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Video Storage and Computer Stations
A Network Video Recorder will record surveillance video from all 11 video surveillance
cameras at the Police Department.
Surveillance video will be viewed from any of the three computer systems provided.
One of the computer systems will provide authentication for users and storage for the
exportation of video incidents. Other administrative functions will also be performed by
this computer.
Milestone: City Hall to Police Department Cost Summary
MfGllAME- ---MfG-'-PAA.T Ii
Mffi-'PAAT DESCRlPTto-"
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IT axable Totals
Hardware
IShipping & Handling (Taxable)
I
I
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iMaintenance 1-Year
I External Labor (Move into Labor, enginr....
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PRICE
$16,998.73
$519.96
I
Sub toto' $11,518.68
$1,516,68
Bonding
ITotol Project Price
$0.00
$2,642.02
$0,00
$3,240,00
Bonding Job Sub.Toto' $22,880.15
$0.00
$24,911.39
Video Storage and Computer Station Diagrams
I
I
Page 71
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
.
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Project Cost Summary
iT a.able Totals
IHardware
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I
I
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PRICE
$237,485.72
$6,248.13
i
Sub total $243,733.84
$21,936.05
Bonding
ITotal Project Price
$0.00
$46,303.23
$31,033.97
$73,010.00
Bonding Job Sub-Total $356,798.95
$0.00
$416,017.10
Pre-competed Contract
Leverage Information Systems was awarded a City Wide Surveillance project competed
via an RFP from the Bakersfield Police Department. The "Police Video Surveillance
System" RFP was awarded to Leverage Information Systems on August 11, 2010.
Pricing on individual items within this proposal are equal to or less than the pricing
provided to Bakersfield Police Department.
Page 73
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
LEVI;BAG.J;;
Training
Video Management System User Training: This module includes normal day to day
use of the video system Le. logging in and out of the system, viewing live cameras,
reviewing recorded video, archiving recorded video to media, video motion detection
search and use of thumbnails, also any use of integrated audio.
Approximate length of training 2-4 hours.
Video Management System Configuration Training: Advanced training in the
configuration of the VMS to include searching for devices on the network, creating site
trees, initiating recording jobs, creation of Groups and Users. Training in this area would
take the student through the complete commissioning of a video system from the
standpoint of video and could also include the configuration of Analytics and Motion
detection.
Approximate length of training 4 hours.
Leverage Quick View Pro Training: This module of training includes the day to day
use of the software Le. Navigating the map interface, sending video data to viewing
screens, and processing of Leverage Detect Events. Upon completion the student will
be able to fully interact with the software and have mastery of Detect event data flow.
Approximate length of training 2-4 hours.
Maintenance and Support Plan
Leverage Information Systems Gold. On-Site Support plan. Leverage
Information Engineering will remotely diagnose reported system failures, and provide
resolution. Support is predicated upon establishing VPN connectivity and appropriate
access to the Customer's network. As necessary, Leverage Information Engineering
will deploy an Engineer on site for resolution.
. Response Time to initial call: less than 4 hours
. Engineer on site: Next Business Day
. Parts Coverage: All parts are covered under this plan. The only exceptions are
standard consumable items such as batteries, access cards, etc.
. Items Not Covered: Any damage caused by misuse, abuse, accident, disaster,
fire, flood, water, wind, lightning and Acts of God. Also, any items designed to
fail in order to protect equipment, such as power and/or lightening suppressors.
Page 74
This document is be treated as proprietary and confidential to Leverage Information Systems, Inc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
LEV~BAG.J;;
PayrnentnHffestones
To Be Inserted Here
Page 75
This document is be treated as proprietary and confidential to Leverage Information Systems, lnc and is to be shared only with
those individuals involved with the negotiation or proper execution of the AGREEMENT described herein.
Memorandum of Understanding - Urban Area Security Initiative Grant Funding
MEMORANDUM OF UNDERSTANDING
CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT
AND THE CITY OF SAN BERNARDINO
REGARDING URBAN AREA SECURITY INITIATIVE (UASI) GRANT FUNDING
FOR FEDERAL FISCAL YEAR 2010
THIS MEMORANDUM OF UNDERSTANDING (MOU) is effective
20--, between THE CITY OF RIVERSIDE OFFICE OF EMERGENCY MANAGEMENT
and THE CITY OF SAN BERNARDINO under the following terms and conditions:
I. The Participating Agency agrees to comply with the Grant Assurances for Urban
Area Security Initiative (Attachment A).
2. The Participating Agency agrees to comply with United States Department of
Homeland Security - Homeland Security Grant Program guidance, processes and
requirements.
3. The Participating Agency agrees that all equipment, supplies and training funded
through the UASI program is for the mutual benefit of the Riverside UASI
Region and not for the exelusive benefit of the Participating Agency.
4. The Participating Agency agrees that all equipment, supplies and technical
expertise developed through training funded by the UASI program is to be made
available for emergency use through established mutual aid systems, established
mutual aid agreements or made reasonably available through a valid request by a
member jurisdiction or organization of the Riverside UASI.
5. The Participating Agency agrees to provide prior to being fLlI1ded the most recent
copy of their: 1. NIMSCAST Report and 2. Single Audit Report.
6. The Participating Agency agrees to submit a Monthly Project Progress Report
(Attachment B) by the 15th day of each month in accordance with the UASI grant
program guidelines.
7. The participating agency agrees to designate a Project Manager and Grant
Manager for each project awarded and provide the contact information of those
individuals to the City of Riverside Office of Emergency Management / UASI.
Upon any changes to the original designation the agency will provide written
notification and updated contact information.
Mcmorandum of Understanding - Urban Arca Security Initiative Grant Funding
8. Thc Participating Agency agrees to maintain all documentation supporting all
expenditures rcimbursed from grant funds, and ensure all expenditures are
allowable under grant requiremcnts. Recipients that expend $300,000 or more of
federal funds during their respective fiscal year agree to submit an organization
wide financial and compliance audit rcport. The audit shall be performcd in
accordance with the U. S. General Accounting Officc Government Auditing
Standards and OMB Circular A-133 (Federal Grantor Agency: U. S. Department
of Homeland Security; Pass-Through Agency: Office of Homeland Security;
Program Title: Public Assistance Grants; Federal CFDA Number: 97.008). The
rccords shall be maintained and rctained in accordancc with UASI grant
requirements and shall be available for audit and inspection by thc City and
designated grant agent personnel.
9. The Participating Agency agrees that all its expenditures shall be in accordance
with the approved project expenditures and allowable costs as submitted to the
City and approved by the California Emergcncy Management Agency (Cal EMA)
and the U.S. Department of Homeland Security Grants Program Directorate.
10. The Participating Agency agrees to defcnd, indemnify, and hold harmless the
City. its agcnts, officers, and cmployees, from and against all liability arising out
of the Participating Agency's acts or omissions under this MOU.
II. The City agrecs to defend, indemnify, and hold harmless the Participating
Agency, its agcnts, officers. and cmployces, from and against all liability arising
out of the City's acts or omissions under this MOU.
12. The Participating Agency agrees to provide thc Certificate of Non-Supplanting
(Attachment C).
13. The Participating Agency agrees to provide the Certification regarding
Debarment, Suspcnsion and Other rcsponsibility matters (Attachment D).
2
Memorandum of Understanding - Urban Area Security Initiative Grant Funding
IN WITNESS WHEREOF, this Memorandum of Understanding is entered into by the
City of Riverside Offiee of Emergency Management and the City of San Bernardino, by and
through their authorized representatives.
CITY OF RIVERSIDE
CITY OF SAN BERNARDINO
By:
By:
Title:
Title:
Attest:
Attest:
By:
By:
Colleen J. Nicol
Title:
Title:
City Clerk
Approved as to form:
Approved as to form:
By:
By:
James E. Brown
James F. Penman, City Attorney
Title:
Supervising Deputy City Attorney
3
Memorandum of Understanding - Urban Area Security Initiative Grant Funding
Governing Body Resolution
(For Operational Areas and Urban Area's)
BE IT RESOLVED BY lHE
(Governing Body)
OF THE
THAT
(Name of Applicant)
,OR
(Name or Title of Authorized Agent)
, OR
(Name or Title of Authorized Agent)
(Name or Title of Authorized Agent)
is hereby authorized to execute for and on hehalf of the named applicant, a public entity
established under the laws of the State of California, any actions necessary for the purpose of
obtaining federal financial assistance provided by the federal Department of Homeland Security
and sub-granted through the State of California.
Passed and approved this
day of
,20
Certification
L
(Name)
, duly appointed and
of the
(Title) (Governing Body)
do hereby certify that the above is a true and correct copy of a resolution passed and approved by
the of the on the
(Governing body)
day of
(Name of Applicant)
,20
4
Memorandum of Understanding - Urban Area Security Initiative Grant Funding
(Official Position)
(Signature)
5
California Emergency Management Agency
FY2010 Grant Assurances
(All HSGP Applicants)
Name of Applicant:
Address:
City:
State:
Zip Code:
Telephone Number:
Fax Number:
E-Mail Address:
As the duly authorizcd representative of the applicant, I certify that the applicant named abovc:
I. Will assure that grant tlmds will support eft(ms related to providing an integrated mechanism to
enhance the coordination of national priority efforts to prcvcnt, respond to, and recover tfom
terrorist attacks. major disasters and other emergencies.
1 lias the legal authority to apply for Federal assistance and has the institutional, managerial and
lInancial capability to ensure proper planning, managcment and complction of the grant provided
by the U.S. Department of Homeland Security (DHS )/Federal Emergency Managemcnt Agency
(FEMA) and sub-granted through the State ofCalilomia, Califomia Emergency Management
Agency (Cal FMA).
3. Will assure that grant funds are used tor allowable, fair, and reasonable costs only and will not
be transferred between grant programs (Illr exam pic: State Homeland Security Program, Urban
Area Security Initiative, Citizen Corps Program, and Metropolitan Medical Response System) or
tiscal years.
4. Will comply with any cost sharing eommitmcnts included in thc FY2010 Investment
Justilieations sunmilled to DHS/FEMA/Cal EMA, where applicable.
5. Will give the Federal government, the General Accounting Ot1ice, the Comptroller General of
the United States, the State ofCalillmlia, thc Ot1ice oflnspeetor GeneraL through any authorized
representativc, access to, and the right to examine, all paper or electronic records, books, or
documents related to the mvard; and \vill establish a proper accounting system in accordance
\vith generally' accepted accounting standards and/or a\varding agency directives.
6. Agrees that Ilmds utilized to establish or enhance Statc and Local fusion centers must support the
development of a statewide tllsion proccss that corresponds with the Global Justice/Homeland
Security Advisory Council (HSAC) Fusion Center Guidelines, i()lIow the Federal and State
approved privacy policies, and achieve (at a minimum) baseline level of capability as detined hy
the Fusion Capability Planning Tool.
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7. Will provide progress reports, and other such information as may be required by the awarding
agency, including the Initial Strategy Implementation Plan (ISIP) within 45 (Iorty-live) days of
thc award, and update via thc Grant Reporting Tool (GRT) twice each year.
8. Will initiate and complete the work within the applicable time Irame atler receipt of approval
b'om Cal EMA.
9. Will maintain procedures to minimize the time elapsing between the award of funds and the
disbursement 01' I'unds.
10. Will comply with all provisions of DHS/FEMA's codilied regulation 44, Part 13, Unil"rm
Administratiw Requirements f()r Grants and Cooperative Agreements to State and Local
Governments. including the pa)'mcnt of interest earned on advances.
II. Will estahlish safeguards to prohibit employees from using their positions lor a purpose that
constitutes. or presents the appearance o[ personal or organizational conflict of interest, or
personal gain [(1I' themselves or others, particularly those with whom they have family, business,
or other ties.
12. Understands and agrees that Federal funds will not be used, dircctly or indirectly, to support the
enactment, repeal. modilieation or adoption of any law, regulation, or policy, at any level of
government without the express prior written approval I,'om DHS/FEMA/Cal EMA.
13. Agrees that, to the extent contractors or subcontractors are utilized, \villuse small, minorit)!-
owned, wOlllcn-o\vned, or disadvantaged business concerns and contractors or subcontractors to
the cxtent practicahle.
14. Will notily Cal EMA 01' any developments that have a signilicant impact on award-supported
activities. including changes to key program staff
15. Will comply, il'applicable, with the Lead-Based Paint Poisoning Prevention Act (42 U.s.c.1j1j
480 I et seq.) which prohibits the use of lead based paint in construction or rehabilitation 01'
structures.
16. Will comply with all Federal and State Statues relating to Civil Rights and Nondiscrimination.
These include, hut arc not limited to:
a. Title VI of the Civil Rights Act of 1964 (P.L. 88-352), as amended, which prohibits
discrimination on the basis of race, color or national origin.
b. Title IX of the Education Amendments or 1972, as amended (20 U.s.e. 91j 1681-1683
and 16RS-1(86), which prohihits discrimination on the basis of gender.
c. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.s.C.1j 794), which
prohihits discrimination on the basis of handicaps.
d. The Age Discrimination Act of 1975, as amended (42 U.s.e. Ijlj 6101-(107), which
prohibits discrimination on the basis of age.
e. The Drug Abuse Oftice and Treatment Act of 1972 (P.L. 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse.
r The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (P.L. 91-(16), as amended, relating to nondiscrimination on
the basis of alcohol ahuse or alcoholism.
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g. ~~ 523 and 527 oCthe Public Health Service Act oC ]912 (42 U.S.c. 290 dd-3 and 290
ec-3), as amended, relating to confidentiality oC alcohol and drug abuse patient records.
h. Title VIII oCthe Civil Rights Act of 1968 (42 U.s.e. ~ 3601 et seq.), as amended, relating
to nondiscrimination in the sale. rental or tinancing ofhollsing.
I. Title 44 Code oCFederal Regulations (CFR) Parts 7,16, and 19 relating to
Ilondiscrim illation.
J. The requirements on any other nondiscrimination provisions in the specific statute(s)
under which the application f"r Fcderal assistance is being made.
k. Will. in the event that a Federal or State court or Federal or State administrative agency
makes a finding ofdiscrimination after a due process hearing on the grounds or race,
color, religion, national origin, gender, or disability against a recipient oftlmds, the
recipient will Corward a copy oCthe linding to the Onice of Civil Rights, Office oCJustice
Programs.
I. Will provide an Equal Employment Opportunity Plan, if applicable, to the Department of
Justice Onice oCCivil Rights within 60 days of grant award.
m. Will comply, and assure the compliance of all its subgrantees and contractors, with the
nondiscrimination requirements and all other provisions of the current edition of the
Onice oC Justice Programs Financial and Administrative Guide f"r Grants, M71 00.1.
17. Will comply with the requirements oCTitles II and III oCthe Uniform Relocation Assistance and
Real Property Acquisition Policies Act oC 1970 (42 U.s.e. ~ 4601 et seq. [P.L. 9]-646]) which
provides f(,r fair and equitable treatment of persons displaced or whose property is acquired as a
result of Federal or Federally assisted programs. These requirements apply to all intercsted in
real property acquired I"l' project purposes regardless of Federal participation in purchases. Will
also comply with Title 44 CFR, Part 25, Uniform Relocation Assistance and Real Property
Acquisition Cor Federal and Federally-assisted programs.
18. Will comply, if applicable, with the tlood insurance purchase requirements ofScction 102(a) of
the Flood Disaster Protection Act of 1973 (P.L. 93-234) whieh requires recipients in a special
ilood hazard area to participate in the program and to purchase tlood insurance if the total cost of
insurable construction and acquisition is ten thousand dollars (S I 0,(00) or more.
19. Will comply with all applicable Federal. State, and Local environmental and historical
preservation (EHP) requirements. Failure to meet Federal, State, and Local EHP requirements
and obtain applicable permits may jeopardize Federal Cunding. Will comply with all conditions
placed on any project as the result oCthe EHP review; any change to the scope of work ofa
project will require reevaluation of compliance with these EHP requirements.
20. Agrees not to undertake any project having the potential to impact the EHP resources without the
prior written approval of DHS/FEMA/Cal EMA, including, but not limited to, ground
dislurbancl:. construction, modification to any structure, physical security enhancements.
communications 1(nvcrs, and purchase and/or LIse of an)' sonar equipment. The subgrantcc must
comply with all conditions placed on the project as a result oCthe EHP review. Any construction-
rclaled activities initiated without the necessary EHP review and approval will result in a
noncompliance finding, and may not be eligible fill' reimbursement with DHS/FEMA/Cal EMA
Cunding. Any change to the scope oC work will require re-evaluation oC compliance with the
EIIP. If ground-disturbing activities occur during the project implementation, the subgrantee
mllst ensure Illonitoring of the disturbance. Ifany potential archeological resources arc
Page 3
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discovered, the suhgrantee will immediately cease activity in that area and notily
DHS/FEMA/Cal EMA and the appropriate State Historic Preservation Office.
21. Will ensure that the t'lcilities under its ownership, lease or supervision, which shall he utilized in
the accomplishment of this project, arc not on the Environmental Protection Agency's (EPAs)
List oCViolating Facilities, and will notily Cal EMA and the Federal Grantor agency of the
receipt of any communication from the Direetor of the EPA Office of Federal Activities
indicating iCa l'lcility to he used in the project is under consideration Ii)\' listing hy the EPA.
n Will provide any inl()\,\l1ation requested by DHS/FEMA/Cal EMA to ensure compliance with
applicable laws, including the 1(1110wing:
a. Institution of environmental quality control measures under the National Environmental
Policy Act, National Historical Preservation Act, Archaeological and Historic
Preservation Act, Endangered Species Act, and Executive Orders on Floodplains
( 11988), Wetlands ( 11990) and Environmental Justice (EO 12898) and Environmental
Quality (1-011514).
b. Notilication of violating l'lcilities pursuant to EO 11738.
c. Assurance of project consistency with the approved state management program
developed under the Coastal Zone Management Act of 1972 (16 USe. ~~ 1451 et seq.).
d. Conl(1rmity of Federal actions to State (Clean Air) Implementation Plans under Section
176(c) of the Clean Air Act of 1955, as amended (42 USC. ~ 7401 et seq.).
e. Protection of underground sources of drinking water under the Safe Drinking Water Act
of 1974, as amended, (P.L. 93-523).
f Calil('rnia Environmental Quality Act (CEQA). California Public Resources Code
Sections 21080-21098. California Code of Regulations, Title 14, Chapter 3 Section
15000-15007.
g. Wild and Scenic Rivers Act of] 968 (16 USe. ~~ 1271 et.seq.) related to protecting
components or potential components of the national wild and scenic rivers system.
h. Applicable provisions of the Coastal Harrier Resources Act (P.L. 97-348) dated October
19, 1982 (16 USC 350] et seq.) which prohibits the expenditure of most new Federal
tlll1ds within the units of the Coastal Barrier Resources System.
23. Will comply with Standardized Emergency Management System (SEMS) requirements as stated
in the Calit()\,\lia Emergency Services Act, Government Code, Chapter 7 of Division I of Title 2,
Section 8607.1 (e) and CCR Title 19, Sections 2445, 2446, 2447, and 2448
24. Agrees that all puhlications created or published with funding under this grant shall prominently
contain the fO\ll)\villg statement: "This document was prepared under (l grantj;'of/1 Ft'il4/1's
Crullt Programs Directorate. C:.S. Department (l Homeland Security. Points qlview or opinions
expressed in this docl/ment ore those of the allthors and do not necessari(v represent the (~fJicial
position or policies (~f FF:;\IA 's Grant Programs Directorate or the [/.5. Department q{
HOIl1e1and Sccur!I.\'-' The recipient also agrees that, when practicahle, any equipment purchased
with grant funding shall bc prominently marked as 1(1110ws: "Purchased lI'ilhfimds provided /n
Ihe US. f)epor/II1C/lI ofHoll1e/and Seeur!II'. ..
25. Acknowledges that DHS/FEMA reserves a royalty-li'ee, nonexclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use, lill" Federal government
purposes: a) the copyright in any work developed under an award or sub-award; and b) any rights
or copyright to which a recipient or suh-recipient purchases ownership with Federal support.
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26. The recipi~nt agrees to consult with DHS/FEMA/Cal EMA regarding the allocation of any patent
rights that arise hom, or arc purchased with, this funding.
27. Has requested through the State of California, Federallinancial assistance to b~ used to pcrtlmn
eligibl~ work approved in th~ submilt~d application Illr Federal assistance and aticr the receipt of
Federal linancial assistance, through the State of California, agrc~s to th~ following:
a. Promptly r~turn to th~ State ol'Caliltlrnia all the funds reeeived which exceed the
approved. actual ~xpenditures as accept~d by the Federal or Stat~ governm~nl.
b. In the event the approved amount of the grant is reduced, the reimbursement applicable to
the amount of the reduetion will b~ promptly refunded to th~ State of California.
c. Separately account for interest earned 011 grant funds, and will return all interest earned,
in excess ofSIOO per Federal fiscal Year.
28. Will comply with the Intergovernmental P~rsonnel Act of 1970 (42 U.S e. S~ctions 4728-4763)
relating to prescribed standards Itlr m~rit syst~ms for programs fund~d und~r on~ of the nin~te~n
statutes or r~gulations specilied in Appendix A ofOPM's Standards for a Merit System of
Personnel Administration (5 e.F.R. 900, Subpart n.
29. Will comply with provisions of the Hatch Act (5 USe. S~ctions 1501-1508 and 7324-7328)
which limit the political activities of ~mployees whose principal ~mployment activities are
tllllded in whole nr in part with federal funds.
30. Will comply, ifapplicabl~, with P.L 93-348 regarding the protection of human subjects involved
in research. d~v~lopment. and relat~d activities supported by this award of assistance.
31. Will comply. il'applicable, with the Laboratory Animal W~II'lre Act of 1966 (P. L 89-544, as
amended. 7 USe. 213 I et seq.) pertaining to the care, handling, and treatment of warm blooded
animals held for research, teaching, or other activities supported by this award of assistance.
32. Will comply with the minimum wage and maximum hour provisions of the Federal Fair Labor
Standards Act (29 USe. 201), as they apply to employees of institutions of higher education,
hospitals, and other non-profit organizations.
33. Will comply. as applicable. with the provisions of the Davis-Bacon Act (40 USe. Section 276a
to 276a-7), the Copeland Aet (40 USe. Section 276c and 18 USe. Sections 874), and the
Contract Work I lours and Safety Standards Act (40 USe. Sections 327-333), regarding labor
standards for Federall)'-assisll'd construction sub-agreements.
34. Agrees that:
a. No federal appropriated tllllds have been paid or will be paid, by or on behalf of the
undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an onicer or employee of Congress, or
an employee ofa Member of Congress in connection with the making of any Federal
grant the entering into of any cooperative agreement, and the extension, continuation,
rcnc\vaL amendment. or moditication of any Federal grant or cooperative agreement.
b. If any other funds than Federal appropriated funds have been paid or will be paid to any
person Il.)r intluencing or attempting to influence an officer or employee of any agency, a
Member of Congress, an otIicer or an employee of Congress, or employee ora Memher
Page ::\
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of Congress in connection \vith the Federal grant or cooperative agreement, the
undersigned shall complete and submit Standard Form LLL, '"Disclosure of Lobbying
Activities:' in accordance \vith its instructions.
c. The undersigned shall require that the language of this certillcation be included in the
award documents for all sub awards at all tiers including subgrants, contracts under
grants and cooperative agrecments, and subcontract(s) and that all sub recipients shall
certify and disclose accordingly.
d. This certification is a material representation of Illct upon which reliance was placed
\vhcn this transaction \vas made or entered into. Submission of this certitication is a
prerequisite I"l' making or entering into this transaction imposed by section 1352. Title
31. U.S. Code. Any person who I,rils to lile the required certillcation shall be subject to a
civil penalty of not less than S I 0.000 and not more than S I 00.000 I,)!' each such li1ilure.
35. ^grees that equipment acquired or obtained \vith grant funds:
a. Will be made available pursuant to applicable terms of the Calil'Jnlia Disaster and Civil
Defense Master Mutual Aid Agreement in consultation with representativcs of the
various lire. emergency" medical. hazardous materials response services, and law
enl'l!Temcnt agencies within thc jurisdiction of the applicant. and deployed with
personnel trained in the use of such equipment in a manner consistent \vith the California
Law Enl(,rcement Mutual Aid Plan or the California Fire Services and Rescue Mutual
Aid Plan.
b. Is consistent with needs as identilied in the State Homeland Security Strategy and will be
deployed in eonl'Jr]llance with that Strategy.
36. Agrees that [[lIlds awarded under this grant will be used to supplement existing tunds for
program activities. and will not supplant (replace) non-Federal lunds.
37. Will comply with all applicable Federal statutes. regulations. policies. guidelines and
requirements. including OMB Circulars A 102 and A-133. E.O. 12372 and the current
Administrative Requirements. Cost Principles. and Audit Requirements.
38. Will comply with all provisions 01'2 CFR, including: Part 215 Unil'Jr]ll Administrative
Requirements I"l' Grants and Agreements with Institutions of Iligher Education. Hospitals. and
Other Non.Prolit Organizations (OMB Circular A-IIO); Part 225 Cost Principles for State. Local
and Indian Tribal Governments (OMB Circular A-87); Part 220 Cost Principles for Educational
Institutions (OMB Circular ;\.21); Part 230 Cost Principles for Non-Prollt Organizations (OMI3
Circular A.I22).
39. Will comply with Subtitle;\. Tille 11 of the Americans with Disabilities Act (ADA) 1990.
40. ,Agrees to cooperate \vilh any 3ssessments. national evaluation efforts. or information or data
collection requests. including. but not limited to. the provision of any information required for
the assessment or evaluation or any aClivities v/ithin this agreement.
41. Will comply with Federal Acquisition Regulations (FAR), part 31.2 Contract Cost Principles and
Procedures. Contracts \vith Commercial Organizations.
42. Will comply with the financial and administrative requirements set forth in tbe current edition of
the DHS Financial Management Guide.
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43. Agrees that all allocations and use of Illl1ds under this grant will he in accordance with the FY
20 I 0 Homeland Security Grant Program Guidance and Application Kit, and the California
Supplement to the FY 20 I 0 Homeland Security Grant Program Guidance and Application Kit.
All allocations and use of Ilmds under this grant will be in accordance with the Allocations, and
use of grant Illl1ding must support the goals and objectives included in the State and/or Urban
Area Homeland Security Strategies as well as the investments identilied in the Investment
Justifications which were submitted as part of the California FY2010 Homeland Security Grant
Program application. Further. use of FY I 0 funds is limited to those investments included in the
Calili)!'nia FY I 0 Investment Justilications submitted to DlISIrEMA/Cal EMA and evaluated
through the peer n:vic\v process.
44. Will not make any award or permit any award (subgrant or contract) to any party which is
debarred or suspended or is otherwise excluded trom or ineligiblc for participation in Federal
assistance programs under Executive Order 12549 and 12689, "Debarment and Suspension".
45. As required by Executive Ordcr 12549. Debarmcnt and Suspension, and implemcnted at 44 CFR
Part 17. for rrospective participants in primary covered transactions.
a. The applicant certilies that it and its principals:
I. Arc not prescntly debarred, suspended, proposcd for debarment, declared
ineligible, sentenced to a denial of Federal benelits by a State or Federal court, or
voluntarily excluded li'om covered transactions by any Federal department or
agency',
II. Ilave not within a three-year period preceding this application been convicted of
or had a civil judgment rendered against them for commission of fraud or a
criminal offense in connection with obtaining. attempting to obtain. or performing
a public (Federal. Statc, or local) transaction or contract under a public
transaction: violation of Federal or State antitrust statutes or commission of
embelllement, thcl\, I'Jrgery, bribery, falsitication or destruction of records,
making I~llsc statements. or receiving stolen property.
Ill. Are not prcsently indicted I"r or otherwise criminally or civilly chargcd by a
governmental entity (Federal, State, or local) with commission of any orthe
orrenses enumerated in paragraph (I )(b) of this certilication: and have not within
a three-year period preceding this application had one or more public transactions
(Federal. State, or local) terminatcd for cause or default: and
b. Wherc thc applicant is unable to certify to any orthe statements in this certilication, he or
she shall attach an explanation to this application.
46. Agrees to comply with the Drug-Free Workplace Act of 1988. and certilies that it will or will
continue to prov'ide a drug-free \vorkplacc by:
a. Publishing a statement notitying employees that the unlawtltlmanuCacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the grantee's
workplace and specilying the actions that will be taken against employees for violation of
sueh prohibition.
h. Establishing an on-going drug-free avvarcness program to inform employees about:
I. The dangers oC drug abuse in the workplace:
]1. The grantee's policy of maintaining a drug-tl'ce workplace;
Ill. Any available drug counseling, rehabilitation, and cmploy'ce assistance programs;
and
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iv. The pcnalties that may be imposed upon employees for drug abuse violations
occurring in the \vorkplacc.
c. Making it a requirement that each employee to be engaged in the perf0n11allCe of the
grant be given a copy of the statement required by paragraph (a).
d. Noti(ving the employee in the statement required by paragraph (a) that, as a condition of
employment under the grant, the employee will
1. Abide by the terms or the statement; and
II. J\otily the employer in writing of his or her conviction for a violation ofa
criminal drug statute occurring in the \\'orkplace no later than live calendar day'S
aller sllch cOIl'v'iction.
c. Notifying the agency', in \Vriling, vvithin ] 0 calendar days after receiving notice under
subparagraph (d)(2) li'om an employee or otherwise reeeiving actual notice of such
conviction. Employers of convicted employccs must providc notice, including position
titk, to:
Department or Justice, Omce or Justice Programs
ATTN: Control Desk
633 Indiana Avenue, N.W.
Washington, D.C. 20531
Notice shall include the identillcation number(s) ofcach affected grant.
i'. Taking one of the lollowing actions, within 30 calendar days ofreceiving notice under
subparagraph (d)(2), with respect to any employee who is so convicted.
J. Taking appropriate personnel action against sLlch an employee, up to and
including termination, consistent with the requirements of the Rehabilitation Act
01' 1973, as amended; or
II. Requiring such employee to pariicipate satisl,rctorily in a drug abuse assistance or
rehabilitation program approved lor such purposes by a Federal. State, or local
health, law enl()rCemenl, or other appropriate agency.
g. Making a good t~lith effort to continue to maintain a drug-free workplace through
implementation ol'paragraphs (a), (b), (c), (d), (e), and (t).
47. Will comply with all applicable requirements of all other federal and State laws, executive
orders, regulations. program and administrative requirements, policies and any other
requirements governing this program.
48. Lnderstands that t~li]ure to comply with any oCthe above assurances may result in suspension,
termination, or reduction of grant funds.
The undersigned represents that hc!she is authorized by the above named applicant to enter into this
agreement I()!" and on behalfofthe said applicant.
Signature of Authorized Agent:
Printed Name of Authorized Agent:
Titlc:
Date:
Page R
VENDOR SERVICES AGREEMENT
This Vendor Services Agreement is entered into this _ day of
by and between Leverage Information Systems Incorporated, of Woodinville, Wasbington
('"VENDOR") and the City of San Bernardino, California ('"CITY" or "San Bernardino").
WITl\'ESSETH:
WHEREAS, the Mayor and Common Couneil has determined that it is advantageous
and in the best interest of the CITY to contract for the installation, configuration, and activation
of an cleven camera Downtown Camera Protection Zone system that will connect to the CITY'S
existing Crime Camera System for the San Bernardino Police Department;
NOW, THEREFORE, the parties hereto agree as follows:
I. SCOPE OF SERVICES.
For the remuneration stipulated, CITY hereby engages the services of VENDOR to
provide those products and services as set forth in Leverage lnfornlation System's Project
Capstone document #IC (dated June 16,2011) as Exhibit "A," attached hereto and incorporated
herein.
2. COMPENSA nON AND EXPENSES.
a. For the services delineated above, the VENDOR, shall retain deliver, install,
conligure, activate and provide the training outlined in the VENDOR'S Project
Capstone attached as Exhibit "A".
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
3. TERM.
The initial term of this Agreement shall be for a period of six months. The VENDOR
must complete all work with 180 days ofreceipt ofa City Purchase Order.
The CITY may terminate this Agreement at any time by giving ninety (90) days written notice to
Vendor. CITY shall pay all that is payable under this Agreement to Vendor until the date of
termination.
EfTect of Termination. If this Agreement is ternlinated as provided herein, CITY may require
Vendor to provide all finished or unlinished documents and data and other information of any
kind prepared by Vendor in connection with the performance of services under this Agreement.
Vendor shall be required to provide such documents and other information within fifteen (IS)
days of the request.
4. INDEMl\'ITY.
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 II'om bodily injury, including death, or property damage, based or
asserted 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 the sole negligence of the City, its elected ot1icials, 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, cmployees, agents or
representatives ii'om 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 ot1ieials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
aeeompl ishment of the work or perfi.mnanee of services under this Agreement.
5. I~SURANCE.
While not restricting or limiting the foregoing, during the tcrm 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 with the CITY's Risk Manager
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional
named insured in each policy of insurance provided hereunder. The Certificatc of Insurance
furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any
changc in or termination ofthc policy.
6. [\ON-DISCRIMINA TlON.
In the performance of this Agreement and in the hiring and recruitment of employees,
VENDOR shall not engage in, nor permit its ot1icers, employces or agents to engagc in,
discrimination in cmployment of persons because of their race, religion, color, national origin,
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or
sexual orientation, or any other status protected by law.
7. I:\IDEPENDENT CONTRACTOR.
VENDOR shall pcrform work tasks provided by this Agreement, but for all intents and
purposes VENDOR shall bc an independent contractor and not an agent or employee of the
CITY. VENDOR shall secure, at its cxpense, and be responsible for any and all payment of
Incomc Tax, Social Security, State Disability Insurance Compensation, Uncmployment
Compensation, and other payroll dcductions for VENDOR and its ot1icers, agents, and
employees, and all business license, if any are required, in connection with the services to bc
performed hereunder.
8. BUSINESS REGISTRATlO:'-l CERTIFICATE AND OTHER REQUIREMENTS.
VENDOR warrants that it possesses or shall obtain, and maintain a business rcgistration
certilicatc pursuant to Chapter 5 of the Municipal Code, and any other licenses, permits,
quali iications, insurancc and approval of whatever nature that are legally required of VENDOR
to practice its business or profession.
9. NOTICES.
Any notices 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:
TO THE VENDOR:
Jarrod Burguan, Police Captain
San Bernardino Police Department
71 0 North "[)" Street - B Bldg PSG
San Bernardino, CA 9240 I
Telephone: (909) 384-5742
Mr. Douglas M. Chesler
Leverage Information Systems Inc.
18815139'10 Ave NE. Suite B
Woodinvillc, WA 98072
Telephone: (425) 420-1555
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 otTice in
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the
purposes of this paragraph.
II. ASSIGNME:\IT.
VEi'\DOR 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
mandatory and 110t permissive in nature.
13. GOVERNI:\IG LAW.
This Agreement shall be governed by the laws of the State of California.
14. SL'CCESSORS 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 Agreemcnt 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 hcreof or of the offending provision in any
other circumstance. and the rcmaining provisions of this Agrcement shall remain in full force
and elTcct.
17. REMEDIES; WAIVER.
All remcdies available to either party for one or more breaches by the other pm1y are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of
any other remedies. The failure of cither party to act in the event of a breach of this Agreement
by the other shall not be deemed a waiver of such breach or a waiver of futurc breaches. unless
such waiver shall bc in writing and signed by the party against whom enforcement is sought.
18. ENTIRE AGREEMENT; MODIFICATION.
This Agreement constitutes the entire agreement and the understanding between the
parties. and supersedes any prior agreements and understandings relating to the subject matter of
this Agrcemcnt. This Agreement may be modified or amended only by a written instrument
executed by all parties to this Agreement.
IN WITNESS THEREOF. the parties hercto have executed this Agreement on the day
and date set forth below.
Dated:
.2011
Leverage Information Systems Inc.
By:
Douglas M. Chesler. CEO
Dated
.2011
CITY OF SAN BERNARDINO
By:
Charles McNeely. City Manager
Approved as to Form:
James F. Penman. City Attorney
By: