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RESOLUTION(ID #3377) DOC ID: 3377 B
CITY OF SAN BERNARDINO— REQUEST FOR COUNCIL ACTION
Purchase Order
From: Jason Suarez M/CC Meeting Date: 08/04/2014
Prepared by: Jason Suarez, (909) 384-5947
Dept: Information Technology Ward(s): All
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the
City Manager to Execute a Vendor Services Agreement and the Issuance of an Annual Purchase
Order for Maintenance of the Police Department's Downtown Camera Protection Zone System to
CelPlan Inc. (#3377)
Current Business Registration Certificate: Yes
Financial Impact:
Account Budgeted Amount: $37,580.10
Account No. 679-250-0062*5172
Account Description: Equipment Maintenance
Balance as of 07/17/2014: $536,342.91
Balance after approval of this item: $498,762.81
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
May 10, 2012 - Resolution#2012-73 -Approved the purchase of a downtown camera protection
zone system.
Background:
During 2013, a downtown camera protection zone system was installed. The system includes
multiple wireless cameras that are placed within the City and camera controlling equipment
located at the Police Department. Initial costs for installing the camera system were funded with
Urban Area Security Initiative (UASI) grant. The terms of grant require that the camera system
is maintained for three years.
The first year maintenance was covered under the initial purchase of the camera system. The
first year of maintenance expired on June 30, 2014. The next year of the maintenance plan is
offered at $37,580.10, and covers the period from July 1, 2014 through June 30, 2015. The offer
covers all components as provided by CelPlan, including cameras, wireless infrastructure,
server, viewing work stations and displays.
CelPlan is the selected source provider of these services because CelPlan performed maintenance
during the warranty period. CelPlan also has the detailed knowledge of how this system exists in the
Police Department and the City's infrastructure(i.e. cable installations, software installations, server
hardware, and wireless camera hardware).
Updated: 7/29/2014 by Jolena E.Grider B Packet Pg. 145
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3377
City Attorney Review:
Supporting Documents:
reso 3377 (PDF)
agrmt 3377 (PDF)
INVOICE-CELPLAN-2014061673BER (PDF)
CelPlan selected source (PDF)
Maintenance SAN140213 (PDF)
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Updated: 7/29/2014 by Jolena E. Gridci.B Packet Pg. 146
RESOLUTION NO.
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
3 VENDOR SERVICES AGREEMENT AND THE ISSUANCE OF AN ANNUAL
4 PURCHASE ORDER FOR MAINTENANCE OF THE POLICE DEPARTMENT'S
DOWNTOWN CAMERA PROTECTION ZONE SYSTEM TO CELPLAN INC.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUCIL OF
6 THE CITY OF SAN BERNARDINO,AS FOLLOWS:
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7 SECTION 1. That the City Manager is authorized and directed to execute a Vendor
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Service Agreement with CelPlan, Inc. for maintenance of the Police Department's Downtown
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Camera Protection Zone system in the total amount of$37,580.10, a copy of which is attached
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11 hereto as Exhibit"A".
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12 SECTION 2. That the Director of Finance or his designee is authorized and directed v
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13 to issue an annual purchase order for $37,580.10 to CelPlan Inc., of Reston, Virginia for o
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14 maintenance services. The Purchase Order shall reference the number of this Resolution and O
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shall incorporate the terms and conditions of the Vendor Services Agreement which is on file
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17 in the City Clerk's Office. The Purchase Order shall read, "Annual FY 2014/2015 contract v
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18 for annual software and hardware maintenance services. Not to exceed $37,580.1Q."
19 SECTION 3. This purchase is exempt from the formal contract provisions of San
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20 L
Bernardino Municipal. Code Section 3.04.010(B)(3), "Purchases approved by the Mayor and
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Common Council."
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SECTION 4. The authorization to issue the above-referenced purchase order is v
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24 rescinded if not issued within sixty(60) days of the passage of this Resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
I SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A
2 VENDOR SERVICES AGREEMENT AND THE ISSUANCE OF AN ANNUAL
PURCHASE ORDER FOR MAINTENANCE OF THE POLICE DEPARTMENT'S
3 DOWNTOWN CAMERA PROTECTION ZONE SYSTEM TO CELPLAN INC.
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting
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thereof, held on the day of , 2014, by the following vote,to wit: _
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8 Council Members: AYES NAYS ABSTAIN ABSENT
9 MARQUEZ
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BARRIOS
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12 VALDIVIA
13 SHORETT
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14 NICKEL a
15 JOHNSON =
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MULVIHILL v
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19 Georgeann Hanna, City Clerk
20 The foregoing resolution is hereby approved this day of 2014. N
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R. Carey Davis,Mayor �
23 City of San Bernardino Q
24 Approved as to form:
25 Gary D. Saenz, City Attorney
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By:
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FPacket Pg. 148
Exhibit"A"
VENDOR SERVICES AGREEMENT BETWEEN THE CITY OF SAN
BERNARDINO AND CELPLAN INC. FOR ANNUAL MAINTENANCE
OF THE DOWNTOWN CAMERA PROTECTION ZONE SYSTEM
This Vendor Services Agreement is entered into this 1st day of July,2014 by and
between CelPlan Inc.,of Reston,Vireinia(IVENDOR")and the City of San Bernardino
("CITY"or "San Bernardino").
WITNESSETH:
WHEREAS, the Mayor and Common Council has determined that it is advantageous
and in the best interest of the CITY to contract for annual maintenance of the Police =
Department's Downtown Camera Protection Zone system as outlined in VENDOR's
"Maintenance Proposal with reference to Downtown Surveillance Camera System for The City
of San Bernardino, CA " included with this agreement as Exhibit"1"; and
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WHEREAS, renewal of the above referenced annual purchase order is needed at this time;
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NOW,THEREFORE, the parties hereto agree as follows:
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1. SCOPE OF SERVICES. v
For the remuneration stipulated, San Bernardino hereby engages the services of
VENDOR to provide those products and services as set forth on Exhibit "I,"attached hereto and
incorporated herein.
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2. COMPENSATION AND EXPENSES. '
a. For the services delineated above, the CITY, upon presentation of an invoice, shall
pay the VENDOR up to the amount of$37,580.10 for services set forth and quoted in
Exhibit"I". v
b. No other expenditures made by VENDOR shall be reimbursed by CITY.
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3. TERM; TERMINATION. ti
The term of this Agreement shall be for a period of one year, from July 1, 2014 to June
30, 2015.
This Agreement may be terminated at any time by thirty (30) days' written notice by
either party. The terms of this Agreement shall remain in force unless mutually amended. The
duration of this Agreement may be extended with the written consent of both parties.
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4. INDEMNITY. 0
Vendor agrees to and shall indemnify and hold the City, its elected officials, employees, Q
agents or representatives, free and harmless from all claims, actions, damages and liabilities of
any kind and nature arising from bodily injury, including death, or property damage, based or
asserted upon any actual or alleged act or 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
Vendor Sry Agrmt(City- CelPlan).docx
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Exhibit L°A"
actually caused by the sole negligence of the City, its elected officials, employees, agents or
representatives. As part of the foregoing indemnity, Vendor agrees to protect and defend at its
own expense, including attorney's fees, the City, its elected officials, employees, agents or
representatives from any and all legal actions based upon such actual or alleged acts or
omissions. Vendor hereby waives any and all rights to any types of express or implied
indemnity against the City, its elected officials, employees, agents or representatives, with
respect to third party claims against the Vendor relating to or in any way connected with the
accomplishment of the work or performance of services under this Agreement.
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5. INSURANCE.
While not restricting or limiting the foregoing, during the term of this Agreement,
VENDOR shall maintain in effect policies of comprehensive public, general and automobile c
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 E
prior to undertaking any work under this Agreement. CITY shall be set forth as an additional N
named insured in each policy of insurance provided hereunder. The Certificate of Insurance
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furnished to the CITY shall require the insurer to notify CITY at least 30 days prior to any
change in or termination of the policy. E
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6. NON-DISCRIMINATION.
In the performance of this Agreement and in the hiring and recruitment of employees, o
VENDOR shall not engage in, nor permit its officers, employees or agents to engage in, 3
discrimination in employment of persons because of their race, religion, color, national origin, o
ancestry, age, mental or physical disability, medical condition, marital status, sexual gender or =
sexual orientation, or any other status protected by law. a
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7. INDEPENDENT CONTRACTOR. v
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 M
CITY. VENDOR shall secure, at its expense, and be responsible for any and all payment of ti
Income Tax, Social Security, State Disability Insurance Compensation, Unemployment M
Compensation, and other payroll deductions for VENDOR and its officers, agents, and
employees, and all business license, if any are required, in connection with the services to be
performed hereunder. f6
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8. BUSINESS REGISTRATION CERTIFICATE AND OTHER REQUIREMENTS. E
VENDOR warrants that it possesses or shall obtain prior to execution of this Agreement,
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and maintain a business registration certificate pursuant to Chapter 5 of the Municipal Code, and Q
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.
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Vendor Sry Agrmt(City- CelPlan).docx
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Exhibit"A"
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:
Jason Suarez Mr.Jasper Bruinzeel
City of San Bernardino CelPlan Technologies, Inc..
300 North "D" Street 1897 Preston White Drive
41h Floor—IT Department Reston, VA 20191
San Bernardino, CA 92418 (760)274-4214
Telephone: (909)384-5947
10. ATTORNEYS' FEES E
In the event that litigation is brought by any party in connection with this Agreement, the N
prevailing parry shall be entitled to recover from the opposing party all costs and expenses,
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including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its
rights or remedies hereunder or the enforcement of any of the terms, conditions or provisions
hereof. The costs, salary and expenses of the City Attorney and members of his office in v
enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the 3
purposes of this paragraph.
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11. ASSIGNMENT. 0
VENDOR shall not voluntarily or by operation of Iaw 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 m
and shall constitute a breach of this Agreement and cause for the termination of this Agreement. C?
Regardless of CITY's consent, no subletting or assignment shall release VENDOR of ti
VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder
for the term of this Agreement. ti
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12. VENUE.
The parties hereto agree that all actions or proceedings arising in connection with this E
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 E
mandatory and not permissive in nature.
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13. GOVERNING LAW.
This Agreement shall be governed by the laws of the State of California.
14. SUCCESSORS AND ASSIGNS.
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Vendor Sry Agrmt(City-CelPlan).docx
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Exhibit"A"
This Agreement shall be binding on and inure to the benefit of the parties to this
Agreement and their respective heirs,representatives, successors, and assigns.
15. HEADINGS.
The subject headings of the sections of this Agreement are included for the purposes of
convenience only and shall not affect the construction or the interpretation of any of its
provisions.
16. SEVERABILITY.
If any provision of this Agreement is determined by a court of competent jurisdiction to
be invalid or unenforceable for any reason, such determination shall not affect the validity or
enforceability of the remaining terms and provisions hereof or of the offending provision in any
other circumstance, and the remaining provisions of this Agreement shall remain in full force
and effect. E
17. REMEDIES; WAIVER. CO
All remedies available to either party for one or more breaches by the other party are and
shall be deemed cumulative and may be exercised separately or concurrently without waiver of E
any other remedies. The failure of either party to act in the event of a breach of this Agreement 0
by the other shall not be deemed a waiver of such breach or a waiver of future breaches, unless =
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such waiver shall be in writing and signed by the party against whom enforcement is sought.
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18. ENTIRE AGREEMENT;MODIFICATION. Exhibit"A"
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
executed by all parties to this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
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Dated: , 2014 VENDOR.
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Dated , 2014 CITY OF SAN BERNARDINO v
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By.
Allen Parker, City Manager �°
Approved as to Form.:
Gary D. Saenz,City Attorney—,
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Ceffllan*Winless Global Technolijgies
Number: 2014061673 BE R
120 Association Drive
Main Contact Name
Floor - -- -- Date: Jun 13,2014
-ston,VA 20191 City of San Bernardino Police Dept
USA Page: 1
Voice: 703-259-4020
Fax: 703-476-8964
Ship-to:
Bill To: -- — c
City of San Bernardino Police City of San Bernardino
Dept.- 710 North D Street Police Department _
San Bernardino, CA 92401 Dept.-710 North D Street
San Bernardino, CA 92401 M
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Customer ID Customer PO Payment Terms Federal ID Number
Net 30 Days 54-1766195
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Sales Rep ID Shipping Method Ship Date Due Date �j
JASPER BRUINZEEL July 13, 2014
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Quantity Item Description Unit Price ) Amount 3
1.00 Downtown Camera Project: Comprehensive 33,848.78 33,848.78 00
Maintenance Plan (Phase I except
C8/13/19;July 1, 2014-June 30, 2015)
1.00 Downtown Camera Project: Comprehensive 3,731.32 3,731.32 -
Maintenance Plan (Phase I only C8/13/19; U
July 1, 2014 -June 30, 2015)
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Make all checks payable to CelPlan Technologies, Inc. Subtotal 37,580.1(
Wire transfer instructions: Sales Tax
Beneficiary Bank: Citibank FSB Q
Bank Address: 600 Pennsylvania Ave.SE Total Invoice Amount 37,580.1 C
Washington, D.C. 20003 Shipping
NIFT Code: CITIUS33
nk Routing: 2540-7011-6 Other applied Credits
-eneficiary: CelPlan Technologies, Inc. THANK YOU FOR YOUR TOTAL in US$ 37,580.10
Beneficiary Acc: 15158421 _--
BUSINESS!
Packet Pg. 154
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
TO: Purchasing Manager
FROM: Jason Suarez, Public Safety IT Manager
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DATE: July 17, 2014
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SUBJECT: Justification for Selected Source Purchase—CelPlan Systems =
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A Selected Source purchase for the maintenance and support of the Police Department's N
Downtown surveillance system (installed during 2013) through CelPlan is justified >
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because CelPlan performed maintenance during the warranty period. In addition, L
CelPlan has the detailed knowledge of how this system exists in the Police Department E
and the City's infrastructure (i.e. cable installations, software installations, server v
hardware, and wireless camera hardware). 3
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X (Print Name) Jason Suarez a
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Requisition#
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Ceffllan* WY4 N e t
.. Otv/sloa of CO(Plan far AnoioYlas., Inc,__...
Ireless Global Technologies
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Maintenance Proposal
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with reference to
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Downtown Surveillance Camera
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SAN140213
Februa ry 13 2014
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eelPlan' W i 4 N e t
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Introduction
CelPlan Technologies, Inc. ("CelPlan") is pleased to provide the City of San Bernardino,
California("Customer" or"City")with this proposal for continuation of maintenance
services for the period of 7/1/2014 through 6/30/2015 for the CelPlan provided 22-
camera wireless Downtown Surveillance Camera System.
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Offer
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In the proposal, CelPlan offers continuation of maintenance & support services for items
provided as part of the Phase I contract.
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The maintenance plan is offered at $37,580.10, and covers the period from July 1, 2014
through June 30, 2015. The offer covers all components as provided by CelPlan, to
including cameras, wireless infrastructure, server, viewing work stations and displays.
Note that the initial maintenance term is partially applicable in the referenced term, and E
as such, actual additional costs for the period have been calculated on a pro-rated basis. ci
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The comprehensive maintenance offer includes:
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• Complete service support for all maintenance activities (phone, visits, repairs,
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equipment rentals, etc.)
• Maintenance of local spares (at discretion of CelPlan) a
• Software patches (if applicable)
• Remote network health monitoring and diagnostics services (based on availability
of VPN) M
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• Annual lens cleaning M
The following terms and conditions apply:
• Offer is valid until June 30, 2014 Z
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• The maintenance coverage excludes acts of miss-handling and/or vandalism w
• Remote access assumed for CelPlan Technologies c
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CelPlan Technologies,Inc., 1920 Association Dr.,Reston, VA 20191 Page 1
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wawuw W i 4 N e t
Customer: City of San Bernardino
Project: Extended Maintenance 201412015
Date: 13-Feb-14
Reference: SAN140213
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Product Group Product Code Description Quantity Unit Total
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Extended System Maintenance
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MIL-MNT-PH1a Comprehensive Maintenance Plan(Phase I except C8113119;July 1,2014-June 30,2015) 1 $33,848.78 $33,848.78
MIL-MNT-PH1b Comprehensive Maintenance Plan(Phase I only C8113119;July 1,2014-June 30,2015) 1 $3,731.32 $3,731.32
Baseline Maintetance Total 201412015 $37,580.10
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Notes,Terms&Conditions.
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Offer is excluding taxes. p
Maintenance plan provides for continuation of maintenance support plan,including ext.warranty,remote diagnostics,patches and services.
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Plan does not cover misuse,vandalism,etc.
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CelPlan Technologies,Inc.,1910 Association Dr.,Reston, VA 20191 Page 2
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